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2� 1 �� 171 � DEE[� �F TRUST Loan No: 'I�'I 2937C� ��antinued� Page 4 Foreclosure by Power af 5ale. If Lender elects tv fioreclase by exercise nf th� Powsr of Sale herein �antained, Lender shall notify Trustee and shall depflsit with Trustee this Ds�d af Trust and the Credit Agreement and such receipts and e�idence of expenditures made and secured �y this Deed o�Trust as Trustee may require. �a� Upon receipt ❑f such notice fr�m Lender, Trustee shall cause �o be recorded, published and d�li�ered to Trustor such Natice v� �efault and Notice flf Sale as then requir�� by �aw and by this f]eed ❑f Trust. Trustee sha��, without demand on Trustor, after such time as may then he required hy law and after recordati�n of such Notice �f Default and after Notice af Sale ha�ing been given as required by law, se(1 the Property at the time and place o# sale f�xed by it in such Natice ot Sale, either as a wha�e, or in separate lvts pr parcels ❑r items as Trustee shall deem expedfent, and in such vrder as it may determine, at public auction ta the highest hidder far �ash in lawful money of the United 5tates paya�le at the time of sal�. Trustee shall deii�er to such purchaser vr purchasers thereof its goad and su#ficient deed or deeds con�eying the property s❑ s��d, but withaut any co�enant ❑r warranty, express or imp�ied. The reci�als in such deed of any matters or facts sha�� be canclus+�e proof ❑f the truthfulness thereaf. Any person, inc(uding withvut limita�ian Trustar, Trus�ee, ❑r Lender, may purchase at such sal�. �by As may be permitted by law, a�ter deducting all costs, fees and expenses vf Trustee and af this Trust, including costs of e�idence af titte in cvnnection with sal�, Trustee shall appiy the proce�ds of sale to payment of {i7 all sums expend�d under the terms o� this Deed �f Trust or und�r th� terms of the Cr�dit Agreement nflt then r�paid, including bu# nvt limited t❑ accrued infi�rest and �ate charges, tiiy a11 other sums then secured hereby, and �iii} the remainder, if any, ta the persan o� persons legally en�itled thereto. {cy Trustee may in the manner pro�ided by faw postpone sale af af� ar any portion �f the Prop�rty. R�medies Not Ex�lusi�e. Truste� and Lend�r, and each af them, shail be entitl�d to enf�rce payment and perfarmance of any indebtedness ar ohligations s�cured by this Deed af Trust and t❑ exercise all rights and pawers under this Deed a� Trust, under the �redit Agreement, under any af the Related ❑acuments, ar under any other agr�ement ar any �aws now or hereafter in forc�; notwithstanding, some or all ❑f such indebtedness and obligatians secured hy �his Deed vf Trusi may now or h�rsaftsr be otherwise secured, whether by mortgage, deed of trust, pledge, �ien, assignment ar ❑therwise. Ne�fiher the acceptance of this De�d of Trust nvr its enf�rcement, wheth�r by court action ❑r pursuant t� the power af sale or o#her powers cantained in this Deed af Trust, shail prejudice or in any manner af�ect Trustee's ❑r Lender's right to rea��ze upvn ar enforce any other security now vr herea�ter hefd by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shal� be entitled �o enforce this Deed ❑f Trust and any other security naw or hereafter held by Lender or T�ustee in such �rder and manner as they ❑r either of �hem may in their absolut� discretion d�termin�. No remedy conferred upon ar reser�ed t� Trustee or Lender, is intended ta b� excfusi�e af any other remedy in this Deed of Trust or by law pro�ided or permitted, but each shai� b� cumulati�e and shall be in addition t❑ e�ery ather remedy gi��n in this ❑e�d of Trust or now or hereafter existing at law or in equity �r hy statute. E�ery power vr remedy gi�en by the �redi� Agreement ❑r any vf the Related ❑�cuments ta Trustee �r Lender or ta which either ❑� them may be �therwise entitled, may be exercised, �Qncurr�nt�y or independently, from tim� to time and as ❑ften as may be deemed �xpedient by Trustee ar Lender, and either a� th�m may pursu� incon�istent �emedies. Nathing in this Deed ❑f Trust shalf b� canstrued as prahibitin� Lender from seeking a deficiency judgment against the Trustar t❑ the extent such a�#ion is permitted by law. Electivn af Remedies. A�1 of Lender's rights and remedies will be cumulati�e and may be exer�#sed alane vr together, If Lend�r decides to spend mvney or ta perfflrm any of Trustor's ❑bfigations under this Deed of Trust, after Trus�vr's #ailure to do so, that decision by Lender wil� not affect Lender's right ta declare Trustvr in default and t❑ exercise Lender's remedies. Reques#�or Notice. Trustar, an beha�f❑f Trustor and Lender, hereby requ�sts that a capy of any Notice ❑� Default and a copy ❑f any Notice af Sale under this Deed ❑f Trust be mailed to them at the addresses set f�rth in th� first paragraph ❑f this Deed of Trust. Attorneys' Fees: Expenses. Ifi Lender institutes any suit or act�on to en�orce any of the terms o# this De�d of Trust, Lender shall b� entitled to re�a�er such sum as the court may adjudge reasonable as attorneys' fees at trial �nd upon any appeal. Whether or nat any court action is in�al�ed, and ta the extent nvt prohibited by law, ali r�asonab�e expenses Lender incurs that in Lender's vpinion are necessary at any tirne for the protection of its inter�st❑r the enfarcement of its rights shall became a part at the Indebtedness payahle on demand and shall bear int�rest at �he Credit Agreement rate fram the date of the expenditure until repaid. Expenses co�ered by #his paragraph include, without limitation, h�w��er subjec� to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, wheth�r or nat there is a lawsuit, in�luding attorneys' fees and expenses for bankruptcy proceedings �including efforts to modifiy or Wa�ate any autvmatic s�ay or injunctian�, appea�s, and any anticipa�ed post-judgment collect�vn ser��ces, the cost ❑f searching recvrds, obtaining t�tle reports �including foreclosure reports�, sur��yars' reports, and appraisal fees, title insurance, and fees for th� Trustee, tv th� extent permitted by app�icahle law. Trustor als❑ will pay any�ourt costs, in addition to a!I o�her sums pr��ided by �aw. iV115CELLANE�LIS PR�VlSIDNS. The fvllowing miscellaneous pro�isians are a part�f�his Deed af Trust; Go�erning Law. This D�ed vf Trust wil� be gv�erned hy federal law applicabl� to Lender and, to the extent nvt preempt�d by federal law, the laws vf the State of Nebraska withaut regard to its �on�licts of law pro�isions. This