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2� 1 ���349
<br /> DEED �F TRU�T
<br /> ��ontinued� Page 5
<br /> and election to cause Trustor's interest in the Prvper�y�o be sofd, which notice Trustee shall caus�to be
<br /> duly filed f�r re�ard in the appropriate affices of the �aunty �n which the Property is lo�ated; and
<br /> �d� Vllith respect ta all ar any part of the Persvnaf Praperty, Lender shall have all the rights and rem�dies
<br /> af a seGured party under the Nebrask� Unifarm �omm�rciaf Code.
<br /> Forectvsure by Pvwer vf Sale. If Lender e[ec#s to fiare�lose by ex�rcis�of th� Pawer of Sale herein cantained,
<br /> Lender shall notify Trustee and shall depvsit with Trustee this Deed o�Trust and the Credit Agreement and
<br /> such r�ceipts and e�idence❑f expenditures made and se�ured by this Deed of Trus�as Trustee may require.
<br /> �a� Upvn receipt vf such notice�ram Lender, Trustee shafl cause tv be re�orded, publ�shed and deli�ered
<br /> ta Trustor such No�ice �� �efaul� and Notice of Sale as then required by law and by this ❑eed ❑f Trust,
<br /> Trustee shall, without demand on Trustor, after such time as may then be r�quired by law and after
<br /> recordativn �f such Natice o� Default and after Notice of 5ale ha�ing been gi�en as required �y law� sell
<br /> the Proper�y at the �time and place af sale fixed by it in such Noti�e �f Sa1�, either as a wh�le, vr in
<br /> separate Cats or par�els or items as Trustee shall deem expedient, and in su�h arder as it may det�rmine,
<br /> at public au�tion to the highest bidder�or cash in iawful maney vf the LJnited Stat�s payabfe at the time
<br /> of sale. Trus�ee shal� de�i�er tv such purchaser or purchasers thereaf its g�vd and suffici�nt de�d or
<br /> deeds con�ey�ng the prope�ty so sold, but without any �o�enant ar warranty, express or implied. The
<br /> recitals in such deed a� any ma�t�rs vr fac�s shall be conclusi�e provf o�f �he �ruthfufness thereaf. Any
<br /> person, includ�ng withaut��mitat�an Trustor, Trustee, or Lender, may purchas� afi such sale.
<br /> 4b� As may be permitted by law, a#ter d�ducting all costs, fees and expenses af Trustee and ❑�f this
<br /> Trust, inc�uding �Qsts�f��id�n�e of title in�onnectian with sale, Trustee shall apply the proceeds��f sale
<br /> t❑ payment af {�y all sums expended unde� the terms of this Deed of Trust ar under the terms af the
<br /> Cr�dit Agreement not th�n repaid, including but not limited to accrued infierest and late char�es, {ii} ail
<br /> other sums then s�cured her�by, and ��i�� #he remainder, if any, to the person ❑r p�rs�ns legally �ntit�ed
<br /> the reto.
<br /> {c} Trustee may in the manner pra�ided by law pastpone�sale of ali or any pvr�ian af the Property.
<br /> Remedies Nat Ex�lusi►►�. Trustee and L�nder, and ea�h of �hem, shali be �ntitled ta enfor�e payment and
<br /> performance a�any indef�t�dness or obfigatians secur�d hy-this Deed❑f Trust and t�exercise all rights and powe�s
<br /> under this Deed of Trust, under th� Credit Agreemenfi, under any of the Re�ated ❑ocuments, vr under any ❑the�
<br /> agreement ar any laws now ar h�r�a�ter in force; natwithstanding, some vr a�( af such indehtedness and
<br /> �bligations s�cured by th�s Deed of Trust may now or hereafter be otherwise secured, whe�ther by mvr�gage, deed
<br /> of trus�t, pledge, lien, assignment ar otherwise. Neither the acceptance of this D�ed of Trust no� i�s �nforcement,
<br /> whether by court act�an or pursuant ta �he pvwer of sale or other pawers cantained in this Deed of Trust, sha�l
<br /> prejudice or in any manner affect Trustee's vr Lender's right tv realize upan or en�vr�e any o�her security now or
<br /> herea�t�r held by Trustee ar Lender, ���eing agr�ed that Trust�� and L�nder, and ea�h af them, shall be enti�led to
<br /> en�vr�e this Deed vf Trust and any other se�urity now or her�after held by Lender or Trus�ee in such �rd�r and
<br /> manner as �hey vr either of fihem may in fiheir absolute discretion determine. No remedy con�erred upon or
<br /> reserved to Trustee or Lender, is intended to be ex�Lusi�e of any oth�r r�m�dy in this Deed ❑f Trust �r hy law
<br /> pro�ided or permitted, but each shall be �umula�i�� and shal( be in addition �o e�ery other remedy gi�en in this
<br /> Deed vf Trust vr now or hereafter exis�ing at iaw flr in equity or by sfiatute. E�ery power or remedy gi��n by the
<br /> Cred�t Agreement Qr any of the Rela�ed ❑vcuments to Trustee or Lender or t❑ which e�ther vf them may b�
<br /> otherwis� entitled, may E�e exercised, concurr�ntly or independently, �ram time to time and as of�en as may #�e
<br /> de�med expedient by Trustee or Lender, and either of them may pursue inconsis�tent remedEes. No�hing in this
<br /> D��d of Trust shall be construed as prohibi�ing Lender from seeking a deficien�y judgment against the Trustor to
<br /> th�extent such ac�ion is permitted by la►rv.
<br /> E1�ctivn n� Remedies. All af L�nder's rights and remedies will be cumulati�e and may b� ex�rcised alone ar
<br /> tvgether. If Lende� decides t� spend money or ta perf�rm any �f Trustor's abligations und�r this ❑eed af Trust,
<br /> after Trus�ar's failure to da so, �hat decisian by Lende� will nat a�ffec� Lender's right to declare Trus�or in default
<br /> and�o exercise Lender's remedies.
<br /> Reques�for Nvtice. Trustor, vn b�haf�Q�Trustar and Lender, hereby requ�sts that a copy of any No�ice❑#De�ault
<br /> and a copy o#any Notic� o� 5a1� und�r fihis De�d of Trust he mailed ta them at th� addresses se�forth in the #�rst
<br /> paragraph o#th�s Deed o�Trust.
<br /> Attorneys' Fees; Expenses. lf Lender inst�tutes any suit �r a�tian t� enforce any af the terms o� this ��ed of
<br /> Trust, Lender shall be entitl�d to reco�er such sum as the court may adjudge reasonable as at�arneys' fees at tria!
<br /> and upan any appea[. VVhe#her ar not any cvurt a�tivn is in�vl�ed, and to the extent nvt prahihit�d hy law, all
<br /> reasonable exp�nses L�nder incurs tha� in Lender's opini�n ar� necessary at any fiime fvr the protection of its
<br /> �nterest or the enfor�ement of its righ#s shaf[ become a part�f the lndeh�edness payable on demand and sha�� k�ear
<br /> interest at �h� �r�dit Agreement rate �r�m the date a� the �xpenditure unti� r�paid. Expenses co�ered by this
<br /> paragraph include, without limitation, how�ver subject to any limits under applicabfe lav►r, Lend�r's attorneys' fees
<br /> and Lender's [ega[ expenses, whether ar not th�re is a �awsuit, including a�torneys' fees and expenses far
<br /> �ank�uptcy pr�ceedings �including efforts �o mod�fy ar �acate any automatic stay or inlun��iony, app�als, and any
<br /> ant��ipat�d post-judgment cvllec�ion ser�ices, the cost of search�ng recvrds, obtaining title reports {in�luding
<br /> �Fflreciosure reportsy, sur�eyars' repvrts, and appraisal #��es, title insuranc�, and fees �or the Trustee, �o the extent
<br /> perm�tted by app[icable law. Trustor also will pay any court��sts, �n addit��n to all other sums pra�ided by law.
<br /> Rights vf Trustee. Trustee shall ha�e all ❑f the rights and dut�es of Lender as set forth in�his section.
<br /> P�WERS AND�BLIGATIDNS �F TRUSTEE. The following pra�is'rons relating �o the p�wers and ❑hligativns vf Trustee
<br /> are part o�this Deed vf Trus�:
<br /> Powers o�Trustee. In addition#❑ a�� powers ❑f Trus�ee arising as a matter a�f law, Trustee shal! have fihe power to
<br /> �al�e the following act�ons with respe�t to the Property upon�he written request v# Lender and Trustvr: �a� jQin in
<br /> pr�paring and filing a map vr plat o� the Rea� P�-oper�y, includin� the dedica�ion of s�re�ts ar �ther rights to the
<br /> publrc; �b� join in granting any easement v� creating any �es�ri��ivn on th� Real Pr�perty; and ��� jain in any
<br /> subvrdina�ion or other agreement a��ecting this Deed o#Trust ar the interes�❑f Lender under this Deed af Trust.
<br /> Trustee. Trus�ee shall meet all quali�ications required fvr Trus�ee und�r applicahle law. In addition to the rights
<br /> and remedies set fflrth ab��e, w�th respec� to al! or any part of the Prvper�y, the Trustee shall ha�e the right tv
<br /> �oreclose by n�tice and sale, and Len�fer will ha�� the righ� ta for�clos� t�y judicial forecfosure, in either case in
<br /> accordance with and to the�u�l ext�nt pro�ided by applicable law.
<br /> Successor Trus�tee. Lender, at Lender's op�ivn, may fr�m time to time appoint a successor Trus�ee to any Trustee
<br /> appointed under this Deed �f Trust by an instrument exe�uted and acknawledged by Lender and recvrded in the
<br /> �ffic� �# the recorder of Hall County, State of Ne�raska, The instrument shal� contain, in addit�on tv all ather
<br /> ma�ters r��uired by s#a�e law, the names of the ar�gEnal L�nder, Trustee, and Trustar, fihe baak and page ��r
<br /> compu�er syst�m referen�e� where this Deed a# Trust is recard�d, and the name and address of the successvr
<br /> trus�ee, and the instrument shaCl be execu�ed and acknowfedged by ail the i��nef�ciaries under�his ❑�ed o�F Trust or
<br /> their successors in interest. The successor �rust�e, wi�thvut can�eyance of the Property, shall succeed t� ali the
<br /> title, pawer, and duties conferr�d upvn�he Trusfiee in this Deed of Trust and by appficable ia►n►. This prvicedure for
<br /> substi�ution o�Trustee shalf gov�rn to the exclusi�n af all other pr��isians�or substitution.
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