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2� 1 �� 1 �75
<br /> DEED �F TRUST
<br /> ���ntinued� p�,�� �
<br /> and eiection to cause Trustor's interest in th� Praperty to be sold, which notice Truste�shall cause to be
<br /> duly filed for record in th�apprflpriate affic�s of the County in whEch the Property'rs�ocated; and
<br /> �df Vllith respect to ali❑r any part of the Persanal Property, Lender shall ha�e all the rights and remedies
<br /> ❑f a secured party under the Nebraska LJniform C�mmercial Code,
<br /> Foreclosure by Power vf Sale. If Lender elec�s to foreclose by exercise of the Pawer o#5ale herein contained,
<br /> Lender shall notify Trustee and shall depvsit with Trustee this ❑eed of Trust and the Credit Agreement and
<br /> such receipts and e�idenc�of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> �ay lJpvn receipt of su�h notice frvm L�nder, Trustee shall cause to be record�d, pubfished and deli��red
<br /> to Trustor such N�tice o� Defau�t and Notice af Sale as then required by law and by this Deed af Trust.
<br /> Trustee shall. withnu# demand on Trustor, aft�r such #ime as may #hen b� required by law and a�ter
<br /> recordation of such Nvtice af Default and after Noti�e of Sale ha�ing heen gi�en as required t�y law. sell
<br /> th� Praperty at th� time and place of sale fixed by it in such Notice ❑f Sale, either as a whvle, a� in
<br /> separate fots or parcels ar i#ems as Trustee shall deem expedient. and in such❑rd�r as it may determine.
<br /> at public auction to the highest bidder for cash in �awful money of the �nited States payable at the time
<br /> vf sale. Trustee shall deli�er t❑ such purchas�r ❑r purchasers thereof i#s good and sufficient deed vr
<br /> deeds �vn�ey�ng the praperty so sold, bu� without any ca�enant or warranty. express ar implied. The
<br /> recitals in su�h deed of any matters vr facts sha�l be �onclusi�e proof of the truthfuingss thereaf. Any
<br /> person, including w�thout limitation Trustor. Trustee, or Lender, may purchase at such sale.
<br /> �hy As may be permitt�d by law� after deducting a�l costs. fees and expenses of Trus#ee and of this
<br /> Trus#, incfuding costs of e�idence o#title in canne�tivn with sale, Trus#�e shall apply the proceeds af sale
<br /> tv payment vf �i� all sums expended under the terms of this Deed of Trust or under the terms of the
<br /> Credit Agreement not #hen repaid, including but nvt �imited #o accrued interest and late charges, �iiy all
<br /> o#her sums then secured hereby, and tii�j #he rema�nder, if any, to the person or pefsons legally entitfed
<br /> thereto.
<br /> tcy Trustee may in the manner pro�ided by !aw postpone sale of al�vr any pnrtion of the Proper#y,
<br /> Remedies Nvt Ex�lusi�e. Trustee and Lender. and each of them. shall be entitfed to �nfvrce payment and
<br /> performance vf any�ndebtedness❑r vbligations secured hy this D�ed of Trust and to exercise al!�ights and powers
<br /> under this Deed of Trus#. under the Credit Agreement. under any of the Related Documants, or under any other
<br /> agreement or any laws now or hereaf�er in force; natwithstanding. same or all ❑f such indebtedness and
<br /> ❑bligati�ns secured hy this Deed �f Trus#may now or hereafter be �thsrwise secured, whether by mortgage, de�d
<br /> of trust, pledge� lien, assignment vr�therwise. Neither the acceptance of this ❑eed of Trust nor its enforcement,
<br /> whether by court action or pursuant to the power vf sale ❑r other powers contained in this De�d ❑f T�ust, shall
<br /> prejudi�e or in any manner af#ect Trust�e's ❑r Lsnder's right #o realize upon vr enforce any other security now ❑r
<br /> hereafter held by Trustee or Lender. it being agr�ed that Trustee and Lender, and each of them, shal! be entitled to
<br /> enforce this Deed of Trust and any other security now ar hereafter held by Lende� �r Trustee in su�h ord�r and
<br /> manner as they or either of them may in their a�sofute discretion dstermine. No remedy conferred up�n vr
<br /> reser�ed to Truste� or Lender� is intended t❑ be exclusi�e af any other remedy in this Deed of Trust vr by law
<br /> prv�ided or permitted, but each shafl be cumu�ati�e and shall be in addition to e�ery oth�r remedy gi�en in this
<br /> Deed of Trust or n�w vr h�reafter existing at law ar in equity or by statute. E�ery power vr remedy gi�en by th�
<br /> Credit Agreement or any ❑f the Related Do�uments to Trustee or Lender or t� which either of them may be
<br /> otherwise entitled, may be exercised, con�urrently or independently, from time tv time and as aften as may be
<br /> deemed expedient hy Trustee or Lender. and eith�r of them may pursue inconsist�nt remedies. Nothing in this
<br /> De�d of Trust sha�l b� construed as pfohibiting Lender from seeking a de#iciency judgment against #he Trustor tv
<br /> #he extent such a�tion is permitted by law,
<br /> Election vf Remedies, All of Lender`s rights and remedies wil! b� cumulati�e and may be exercised alone ar
<br /> t�gether. I# Lsnder decides to spend money or to pe�form any vf Trustor's abligatinns under th�s Deed of Trust,
<br /> after Trustar's failure ta da sa, that decision hy Lender wifl not affect Lender's right to decfare Trustor in defauft
<br /> and ta exercise L�nder`s remedies.
<br /> Reques#fvr Natice, Trustor, �n behalf�f Trustor and Lender, hereby requests that a copy af any Notice of Default
<br /> and a c�py af any Natice vf 5ale under this Deed of Trust be mailed ta them at the addresses set forth in the first
<br /> paragraph of this Deed ot Trust.
<br /> At#orneys' Fees: Expenses. If Lender institutes any suit or actian to sn#orce any of the te�ms of this Deed ❑f
<br /> Trust, Lender shall be entitled to reco�er such sum as the court may adjudge reasonable as attorneys' fe�s at trial
<br /> and upan any appea�. Whether or not any court action is in�al►►ed, and to the extent not prohibited by law� all
<br /> reasonable expenses Lender incurs that in Lender's opinivn are necessary at any time for the prote�tion vf its
<br /> �nterest or the enfar�em�nt nf i�s rights shaff become a part of the Indeb�ednsss payable on demand and shall hear
<br /> interest at the Cred+t Agreement rate �rom the date af the expenditure until repaid. Expenses �a�ered by this
<br /> paragraph include, wi�hvut fimitatian. howe�er subject to any limits under appficahle �aw, Lender's attarneys' fees
<br /> and L�nder's legaf expenses, whether or not there is a lawsuit, including attvrneys' fees and expenses fvr
<br /> bankrupt�y proceedings �in�luding efforts to modify or �a�ate any automatic stay vr injunction), appeals, and any
<br /> anticipat�d pvst-judgment cvll�ction ser�ices, the cost of searching records, obtaining title repvrts �inciuding
<br /> fvrecl�sure reportsl. sur�eyors` reports, and appraisal fees, #itle insurance, and fees for�he Truste�. to the extent
<br /> permitted by applicable law. Trustar also will pay any court costs, in additivn to all other sums pro�ided by law.
<br /> Rights ot Trus#ee. Trustee shall ha�e ail of th�rights and duties of Lender as set�arth in this section,
<br /> P�WERS AND �BLIGATIONS ❑F TRlJSTEE. The following pra�isi�ns relating to the powers and obligations ❑f Trustee
<br /> are part of th�s ❑�ed of Trust:
<br /> Powers vf Trustee. In additi�n to all pawers of Trustee arising as a matter❑f law, Trust�e shall ha�e the p�wer to
<br /> take the follow�ng actions with respect t❑ the Prvper#y upon the written request af Lender and Trustar: tay join �n
<br /> preparing and filing a map or plat of the Real Pr�perty. including the dedi�a#ion vf streets �r other rights to the
<br /> pubEic; �by join in granting any easement or creating any restriction on the Real Property; and �c) join in any
<br /> subordination or vther agreement affe�ting this Deed of Trust ar the interest vf Lender under this Deed of Trust.
<br /> Trustae. Trust�e shall meet all qualificatians required for Trustee under applicable law, fn addition to the rights
<br /> and remedies set fvrth abo��. with respect to"all ar any part of the Property, the Trus�e� shall ha�e the right to
<br /> foreclose by notice and sal�, and Lender will have the right to foreclose hy judicial fareclasure, in either case in
<br /> ac�ordan�e with and t❑the full extent pro�ided by applicable law.
<br /> Successvr Trust�e. Lender, at Lender's vption, may#rom time to time appoint a successor Trustee to any Trustee
<br /> appointed under #his Deed vf Trust by an instrumsnt executed and acknowledged by Lender and recorded in the
<br /> off'rce of the recvrder of Hall County, State of Nebraska. The instrument shall conta�n, �n addition to all ❑th�r
<br /> matters required hy state law, the names of the original Lender, Trustee, and Trustar, the bvok and page �ar
<br /> computer system referencef wher� this Deed vf Trust is recarded, and the name and address of the successar
<br /> trus#ee, and the instrument shall be exe�uted and acknow�edged hy all the beneficiariss under this Deed vf Trust ar
<br /> the�r successars in interest. The su�cessor trustee. without con�eyanc� of the Property, shal! succeed to all the
<br /> title, power, and duties conferred upon the Trustee in this ❑eed of Trust and by applicable law. This pra�ed e or
<br /> substitutian of Trustee shall go�ern to the exclusion vf all❑ther pro�isions for substitutivn.
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