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2� 1 ���� 14
<br /> DEED DF TRUST
<br /> ��ontin ued� Page 5
<br /> and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall �aus� �ta �e
<br /> duly filed for recard in�he apprvpriat�of�ices�f the �aunty in whi�h the Prflperty is located; and
<br /> �dy V1lith r�spe�t to all or any part of the Personal Property, Lender shall ha�e all the rights and remedies
<br /> af a secured party und�r the Ne�raska Unifvrm Commer�ial Cade.
<br /> Fvrecfosure by Pvwer�f Sale. I�Lender�l�c�s�❑fareclos� k�y�xercise❑�the Power of Sale herein can�ained,
<br /> Lender shall not�fy Trustee and shall deposit v►rith Trustee this Deed of Trust and th� Credit Agreement and
<br /> such receipts and e�idence o�expend�tures made and secur�d �y th�s ❑eed of Trust as Trustee may require.
<br /> �a} Upon r�C�ipt vf such notice�rom Lender, Trustee shaf� cause tQ be r�cord�d. pub�ished and deli�ered
<br /> to Trustor such Notice v# D�fault and Notice of 5a�e as then required hy law and by this Deed o�Trust.
<br /> Trustee shall, without demand vn Trustor, afit�r such time as may �hen be required hy 1aw and a�t�r
<br /> recordation a�such Natice af Default and after Not�c� v� 5ale ha�ing b��n gi��n as required by law, se�f
<br /> the Property at the time and place of sal� �ix�d by it in such Notice af Sa��, either as a ►rvhole, ❑r in
<br /> separate Ivts or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br /> at public auction ta the highest bidder#ar cash in lawfui money o#the United States payal��e at�he time
<br /> ofi sale. Trustee shall deli�er �to su�h purchaser or purchassrs ther�of its gvvd and sufficient deed or
<br /> deeds can�eying the prop�rty so sofd, �ut v►r�thout any ca�enant or warranty, express ar imp��ed. The
<br /> re�itals in such deed af any matters or facts shall b� conclusi�e proo#� ❑f the t�uth�ulness thereQf. Any
<br /> persan, including vvi�hou�limitation Trustor,Trustee, ar Lend�r, may purchase at such sa�e.
<br /> �b� As may he permitted hy lauv, aft�r deducting a�l cos�s, �ees and expenses o� Trustee and of this
<br /> Trust, including Gosts of e�idence of t�tfe in�onne�t�an with sale, Trustee shall apply the prviceeds af sale
<br /> �a payment of �iy all sums expended under �he terms vf this Deed vf Trust or under the �erms o�r the
<br /> Cr�dit Agreement not then repaid, in�luding but nat fimited ta a�crued interest and late charg�s, �i�� all
<br /> other sums then secured hereby, and �iii} the remainder, if any, tv the person or persons legally entitled
<br /> there�o.
<br /> {c} Trustee may in the manner p�o�ided by law pastpone sale❑f all or any p�rtion❑f�he Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and ea�h afi �hem, sha[� be entitled tv enforce paymen� and
<br /> p�rformancs af any ind�btedness or flbligations secured hy this Deed of Trust and to exercise all rights and porrv�rs
<br /> under this Deed of Trus�t, under the C�edit Agreement, under any of th� Related aocuments, ar under any ather
<br /> agreement �r any lav►rs now or hereaf�er in �rorce; natwithstand�ng, some or a[[ af su�h indebtedness and
<br /> obligatior�s secured hy fihis ❑eed af Trus� may now �r her�after be ather►►vise se�ur�d, wheth�r by mortgage, deed
<br /> ❑f trust, pledge, lien, assignment or otherwise. N�ith�r the a��eptanc� o�this Deed of Trust nor its enfiarcement,
<br /> wheth�r by court actian or pursuant ta the pvwer af sale �r other powers cvntained in �his ❑eed af Trust, shal!
<br /> prejudice vr in any manner affect Trustee`s or Lender's �ight tv rea�ize upon or en�arc� any other se�urity now or
<br /> hereafter held by Trustee or Lender, ��being agreed that Trustee and Lender, and each vf them, sha�� be enti�tfed to
<br /> enfor�e this Deed of Trust and any other s�cur�ty naw or he�eafter held by Lender ❑r T�ustee in such order and
<br /> manner as they or either of them may �n the�r abso�ute discretinn det�rmine. No rem�dy c�nf�rr�d upan or
<br /> reser�ed to Trustee or Lender, is intended to be exc�usive o# any flther remedy in this Deed o# Trus�t or by �aw
<br /> prv�ided ❑r permitted, but each shall be cumuiati�� and shail be in addition to e�ery nther �emedy g��en �n th�s
<br /> Deed o�Trust or now Qr hereafter�xisting at law or in equity or by statufie. E�ery pow�r ❑r remedy gi�en by the
<br /> Cre�fit Agre�ment or any of the Re�at�d Do�uments to Trustee �r Lender or to which eith�r of them may be
<br /> otherwis� entit�ed, may be exercised, concurrently or ind�pend�n�ly, from time to time and as ofiten as may be
<br /> deemed expedient by Trustee ar Lender, and either of them may pursue inconsistent remedies. No�hing in this
<br /> Deed o#Trust shaff be constru�d as prvhi�iting L�nder frvm seeking a d�ficiency judgment agains� the Trustor to
<br /> the extent su�h actian �s p�rmitfied by iaw.
<br /> Electivn vf Remedies. AI� of Lender"s r�ghts and r�medies wiff be cumufati�e and may he exercised alone or
<br /> together. lf L�nd�r decides to spend money ar to perform any o�Trust�r's of�l�gations under this ❑eed �f Trust,
<br /> after Trustor's failure to do so, #hat decision by Lender will not a��ect L�nder's right to decfare Trus�tar in default
<br /> and�o exercise Lender's remedi�s.
<br /> Request for Notice. Trus�flr, on behalf of Trustvr and Lender, hereby requests that a copy vf any Notice of Defau�t
<br /> and a copy of any Noti�e of Sale under this Deed o�Trust be mai�ed to them at the address�s set forth in the first
<br /> paragraph vf this Deed of Trust.
<br /> Attvrneys' Fees: Expenses. If Lender institutes any suit or action to en�force any of the t�rms �f th�s Deed o�r
<br /> Trust, L�nder shall he en�itled to reco�er such sum as the court may adjudge reasona�le as attorneys' �re�s at trial
<br /> and upon any appea�. Vllhefiher or nQt any court actian is in�ol�ed, and t� the exten� nat prohila�ted by 1aw, al�
<br /> reasanab�e expenses Lender in�urs that in Lender"s �pinion are necessary a� any time �or the protection ❑f �ts
<br /> in�erest�r�he �nf�rcement o�its rights sha�1 hecome a part af th� Inde�tedn�ss payable on demand and shall bear
<br /> in�erest at the Credit Agreement rate frvm the da�e af the expenditure until repaid. Expenses ca�ered by this
<br /> paragraph include, without limitation, hov►re�er subject tQ any �imits under app��cable law, Lender's attarneys' �ees
<br /> and Lender's I�gal expens�s, whether or not ther� is a Cawsuit, in�luding att�rneys' fees and expenses for
<br /> bankruptcy pro�eedings �including efforts to modify or �acate any automatic stay or injun�tiany, appeals, and any
<br /> anticipated post-�udgment collectivn ser�ices, the cast vf searching reco�ds, ���aining �itCe reports �including
<br /> foreclvsure repor�sy, sur�eyors' repar�s, and appra�sal fees, titl� insurance, and fees for the Trust�e, to th� ext�nt
<br /> permitted by applicable law. Trus�vr alsa wifl pay any court costs, in additivn t❑al!ather sums pra�ided by law.
<br /> Rights of T�ustee. Trustee shall ha�e all of th� rights and duties of L�nder as se�forth in this sscti�n.
<br /> P�IJVERS AND �6LIGATI�NS �F TRUSTEE. The fall�wing pra�isians rela�ing ta the powers and obligations ofi Trustee
<br /> are part a#this De�d o�Trust:
<br /> P�wers vf Trustee. [n add�tEon tv a[f powers of Trustee arising as a matter vf iavu, Trustee shall ha�e the pvwer tn
<br /> take the follvwing actions with respect to the Property upon the wri�ten request of Lende� and Trust�r: �a} jo�n �n
<br /> preparing and �il�n� a map ar plat of the Reaf Praperty, including �he dedicativn vf s�reets or vther rights to the
<br /> public; �b� �oin in granting any easement or c�ea�ting any restri�tion on the Real Praperty; and tc� jo�n in any
<br /> subordination nr❑ther agreement aff�cting this Deed o#Trust or the interest afi Lender under this Deed of Trust,
<br /> Trustee. Trustee shali meet a!I �ualificatians required for Truste� und�r applicable law. In additian to �he rights
<br /> and remedies set farth abo��, with resp�ct �o all or any part of the Prap�rty, the Trustee shall hav� the right �o
<br /> foreclose �y natice and sa�e, and Lender wi11 ha�e the right to fore�lose by judi�ial foreclosure, in ei�her �ase in
<br /> accordance with and ta the �u�l extent pro�ided by appli�able law,
<br /> Successor Trustee. Lender, at Lender's optivn, may#rvm time tv time app�int a successor Trus�ee to any Trustee
<br /> appointed under �his Deed o� Trust by an instrument executed and ackn�wledged by Lend�r and r�corded in �he
<br /> o�fiic� of the re�vrder of HALL County, Sta�e ❑f N�braska. The instrument sha�� contain, in addi�ion tv all vther
<br /> matters required by state law, the names of �h� o�ig�nal Lender, Trustee, and Trustor, the boak and pag� �or
<br /> c�mputer system reference} where this Deed ofi Trust is recorded, and the name and address of the suc�essor
<br /> trustee, and the ins�rumen�shall be executed and acknowledged hy a��the bene�iciar�es under this Deed af Trust or
<br /> their su�cess�rs in interes�. The suc�essor firustee, without Gon�eyance of the Property, shal[ suc�eed to all the
<br /> �it��, p�wer, and duties cvnferred upon the Trustee in�his Deed of Trust and by applicat�le law. This prvicedure for
<br /> suhst�tution af Trustee shall go�ern to the exclus�on o�a!I other provisians far subst�tu��vn.
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