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<br /> DEEa �� TRUST
<br /> �Cvntinued� Page 5
<br /> and election to cause Trus�or`s interest in th� Proper�y to k�e s��d, which no�ice Trustee shall �aus��� he
<br /> duly filed for re�ard in�he appropriat�o��ices fl�the Coun�y in which the Praper�y is lacated; and
<br /> �d� With respect ta a�!�r any par�of the Personal Property, Lender shali ha�e all �he rights and remed�es
<br /> a�a secured party under the Nebraska Uniform �ommercial Cvde.
<br /> Fore�losure by Pvwer vf Sa�s. [�Lender elects t❑fore��as� by exercise of�the Power af Sale herein contained,
<br /> Lender shai! not�fy Trus�ee and shall deposit rrvi�Ch Trustee this ❑eed af Trust and th� Credit Agr�ement and
<br /> su�h receipts and e�iden�e of expenditures made and secured by fihis Deed vf Trust as T�ustee may require.
<br /> �ay Upon re�eipt of su�h natice fram Lender, Trustee shail �ause to be re�arded, published and de�i�e�ed
<br /> to Trustor such No�i�e of De�ault and Notice ❑f Sale as then required by law and by this Deed o�T�ust.
<br /> Trustee shall, without demand on Trus�vr, after such time as may then be �equired by !aw and after
<br /> re��rdatiQn of su�h Notice ❑f ❑efauit and af�er Noti�e of 5ale ha�ing been gi�en as required hy law, sell
<br /> the Property at the time and p�ac� of sale �ixed by it in su�h Notice af Sale, e�ther as a who�e, ar in
<br /> separate Ivts or parcels or i�ems as Trustee shall deem expedient, and in su�h order as it may determine,
<br /> at publ�� auction to the highest bidder far cash in lawful money o#the LJni�ed 5tates payable at�he time
<br /> af sale, Trustee shall deli�er t� such pur�haser or purchasers the�eof its good and su�ficient de�d vr
<br /> deeds can�eying the property so sold, but wi�hvut any co�enant ar warranty, express o�- implied, The
<br /> recitals in such deed of any matters or facts shall be conclus��e provf of the truthfu�n�ss thereof. Any
<br /> person, incfud�ng withau�t limitation Trustor,Truste�, vr Lender, may purchase at such sa�e.
<br /> �b� As may be perm�tted by �aw. a�t�r deduct�ng all cas�s, fees and expenses of Trustee and v� this
<br /> Trus�, in�luding�vsts af e�idence of title in �vnnec�ion with sale,Trustee shall apply the p�v�eeds of sa(e
<br /> to payment Qf ti} all sums expended under the terms of this ❑eed af Trust ar under th� terms of the
<br /> Credit Agreemen� nat then repaid, including but na� limited ta accrued interest and late charges, (iif a�1
<br /> ather sums then se�ured hereby, and {iii} the remainder, �f any, to �he person or pers�ns legally �ntit�ed
<br /> thereto.
<br /> 4cy Trustee may in the manner pro�ided by lav+r postpvne sale of al�or any partion of�he P�oper�y.
<br /> Remedies Nat Exc�usi�e. Trustee and Lender, and each of them, shall be enti�led #o en�orce payment and
<br /> performan�e of any indebtedness ❑r obligat�ans secured by this Deed of Trust and to exercis� a�l r�ghts and powers
<br /> under this Deed o� Trust, under the Credit Agreement, under any of the Related Dvcuments, o� under any other
<br /> agreement or any laws now vr hereafter in fnrce; nvtwi�hstanding, some or all of such ind�btedness and
<br /> obligations secured by this Deed ❑f Trust may now or herea#ter be atherwise secured, whe�her hy mortgage, deed
<br /> ❑�r trusfi, pledge, �ien, assignment�r otherwise. Ne�ther the acceptance o��h�s ❑eed of Trust nor its enforcement,
<br /> rrvhether by court activn ar pursuant to �he power of sale or other powers contained in this Deed ofi Trust, shall
<br /> p�ejudi�e or in any manner affect Trustee's or Lender`5 right ta rea�iz� upon vr enfarce any ❑th�� security now ar
<br /> hereafter held by Trustee or Lender, it being agreed tha�Trustee and Lender, and each of them, shall b� entitled to
<br /> enfarce this Deed o# Trus� and any other se�urity naw �r hereafter held by Lender or Trustee in su�h order and
<br /> manner as they or either �f them may in their absolute d�scre�C�on determine. No remedy conferred upon or
<br /> reser�ed ta Trustee or Lender, is intended ta be exclusi�e of any other remedy in this ❑eed of Trust or hy law
<br /> pro�ided vr permitted, bu� ea�h sha�� be cumula�i�e and shall be in add+tion �o e�ery other remedy gi�en in this
<br /> Deed of Trust or now or hereaf�er existing at Eaw or in equity or by statute. Every power or remedy gi�en by the
<br /> Credit Agre�ment or any of the Reiated Documents to Trustee or Lender or to which either ❑f them may be
<br /> otherwise entitled, may be exercised, concurrently or ind�pend�ntly, from time ta time and as often as may be
<br /> de�m�d expedient by Trus#ee or Lend�r, and either ❑f them may pursue in�vnsistent remedi�s. Nothing in this
<br /> Deed af T�usfi sha11 be construed as prohibiting Lender from seeking a defici�ncy judgment agains# the Trustor to
<br /> the extent such actian is permitted by law.
<br /> Efe�#ivn of Remedies, Alf of Lender's rights and rernedies will be cumulati�� and may he exercised alone or
<br /> �oge�her. If Lender decides tv spend maney vr �o per#orm any of Trustor's obliga�ians under �h�s Deed vf Trust,
<br /> after Trustar's failur� �o d❑ sv, tha� dec�sion by Lender wi�l nvt affe�t Lend�r's right to declare Trus�ar in default
<br /> and to exer�ise Lender's remedies.
<br /> Request for Natice. Trustvr, on behalf o�Trustar and Lender, herehy requests that a copy of any Nvti�e�f De�ault
<br /> and a copy of any Natice of Sale under this ❑eed vf Trust be mailed to them at the addresses set fiorth in the f�rst
<br /> paragraph vf th�s De�d o#Trus�.
<br /> A�torneys' Fees: Expenses. If Lender institutes any suit or action to enforce any ❑f the terms ❑f this t�eed af
<br /> Trus�t, Lender sha11 be enti�led to re�over such sum as the caurt may adjudge reasonable as attorneys` fees at firiai
<br /> and upvn any appeal. Whether or not any court action is in�ot�ed, and to the extent nat proh�bi�ed k�y law, a��
<br /> reasonahle expenses Lender in�urs �hat in Lender's apinion are necessary a� any time far the protectian ❑f its
<br /> interest or the en#orcemen�of i#s rights shall become a part o�the Indeb�edness payab�e�n demand and shal! �ear
<br /> interest at the Credit Agreement rate �rom the date ❑f the expenditure until repaid. Expenses co�ered by this
<br /> parag�aph in�lude, without limitatian, howe�er subject�o any limits under applicable law, Lender'S att�rn2y5' fees
<br /> and Lender's le�al expenses, whether ❑r nv# #here is a lawsu�t, including attorneys' �ees and expenses fvr
<br /> bank�upt�y praceedings �incfuding e�forts �o modify or �acate any autamatic stay ❑r injunction�, appeals, and any
<br /> anticipat�d post-judgment collect�on ser�ices, the cost of searching recards, abtaining fiit�e reports �including
<br /> �oreclosure repvr�s�, sur�eyors' reports, and appraisal �ees, �itl� insurance, and fees for�he T�ustee, to the exten�
<br /> permitt�d hy appiica�le law. Trustar also will pay any court�osts, in additivn�o all other sums pro�ided by iaw.
<br /> R�ghts of TrustQ�. Trus�ee shall ha�e al�❑�the rights and dut�es�f Lender as se�forth in th�s s���ian.
<br /> P�VIIERS AND �BLIGATl�NS �F TRUSTEE. Th� �ollowing pro�isions relating to the powers and obligativns of Trus�ee
<br /> are par�❑f this Deed o�Trust:
<br /> Pvwers of Trustee. �n addi�ion to al� powers o#Trustee arising as a matter o�law, Trus�ee shall ha�e the pawer to
<br /> take the fol�aw�ng actions vui�h respect ta the Proper�y upan the written request❑f Lender and T�usto�: {ay j�in in
<br /> preparing and �i�ing a map ar plat of the Rea� Prope�ty, in�luding the dedicat�on of streets or othe� rights �to the
<br /> publi�; �by join in granting any eas�rnent or creating any �estriction on the Real Praperty; and �c� join �n any
<br /> subardination or other agreement affectEng this ❑eed ❑#Trust or the int�rest o�Lend�r under this ❑eed of Trust.
<br /> Trustee. Trustee shall meet all qualificat�ons required for Trustee under appl�cable law. ln additian to the rights
<br /> and remedies set �arth abo�e, with respe�t t❑ a�� ❑r any part of the Prvperty, the T�-ustee shal� havs �he right to
<br /> for�cl�se by nvtic� and saie, and Lender wilt ha�e the righ� to �oreclose by judicia! fo�eclosure, in either case in
<br /> accordance wi�h and to the�ull ex�en�pra�ided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from�ime to time appaint a successar Trust�e to any Trustee
<br /> appointed unde�- this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of Hall County, State vf Nebrasl�a. The ins�rument shall ��ntain, in addition to all other
<br /> ma�ters requ�r�d by s�ate law, the names o# the orEgina� Lender, Trus�ee, and T�ust�r, the book and page �ar
<br /> cvmpu�er system r��e�-ence} where �his Deed of Trust is recvrded, and the name and address of �he successor
<br /> trus�ee, and the �nstrument shall be ex�cuted and acknawledged by all�he benefi�iaries under�his ❑eed o�Trust❑r
<br /> �heir successors in interest. Th� successor trustee, without con�e�ance ❑f the Praperty, shall succeed to all the
<br /> title, power, and duties conferred upon th�Trustee in this Deed o#Trust and t�y applicable �aw. ThEs p�ocedur� for
<br /> substFtution v�Trustee shall gov�rn to the exclusion�f all ather pro�isions�or substitutivn.
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