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2� 1 �� 1841
<br /> DEED C]F TRUST
<br /> ���ntinued� Page 5
<br /> and election to cause Trus�tvr's interest in the Praperty to be so�d, which natice Trustee shall �aus�ta be
<br /> duly#iled for recard '€n the apprvpriate affices of the County in which�khe Proper�y is f��ated; and
<br /> �d} With respe�t to ail or any part of the Persana� Prvperty, Lend�r shall ha�e all the rights and remedies
<br /> o�a secured party under the Nebraska Un��arm Cammercial Code.
<br /> Fore�losure by Pvwer vf Sale. If Lender elects to�oreclose by exer�ise o�the Power af Sale he�ein cantained,
<br /> Lender shai� natify Truste� and shall depvsit with T�ustee �his Deed a� Trust and the Credit Agreement and
<br /> such rece�pts and e�iden����expenditures made and secured by this Deed v�r Trust as Trustee may requir�.
<br /> �a� Up�n receipt vf such notice�rom Lender, Trustee shall cause�a be recorded, published and deli�ered
<br /> to Trustor such Notice of Defaul� and Not�ce o� Sale as �hen requ�r�d hy law and by this ❑sed of Trust.
<br /> Trustee shall, withvut demand an Trusto�, a�ter such time as may then b� required by �aw and after
<br /> recordat�on of such Nvtice o� Defiault and a�ter Notice of Saf� ha�ing been gi�en as required by law, sell
<br /> the Property a� the time and place of sale fixed by it in su�h Notice v# 5ale, either as a whale, or in
<br /> separate lats or parcels or items as Trus�ee s�a�f deem expedient, and in such order as it may determine,
<br /> at publ�� auction to the highest bidder�or cash in lawful money af�h� Un�ted S�ates payable at the time
<br /> ❑� sale. Trustee sha�� deli�er t❑ such purchaser or purchasers there�� its good and sufficien� deed or
<br /> d�eds con�eying the property so sofd, but without any ca�enant ❑r warranty, express or impl�ed. The
<br /> recitals in such deed ❑� any ma�ters or facts shal� be conclusi�e pr�o� of the truthfuln�ss thereof. Any
<br /> person, inGluding withoufi limi�ation Trusfior, T�ustee, flr Lender, may purchase at such sale.
<br /> �h} As may be perm�tted hy law, afte� deducting all casts, fees and expenses �� Trustee and af this
<br /> Trust, including casts vfi��idence of tit�e in cvnnec�ion with sale, T�ustee shall appEy�he proceeds o�sale
<br /> tv payment of �iy al! sums expended unde� the �erms vf this Deed ❑� Trust vr und�r the terms o� �he
<br /> Credit Agreement nvt then �epaid, inc�uding but not limited ta accrued in�erest and late charges, ���� all
<br /> other sums �hen secured hereby, and �iiif the remainder, if any, ta th� person or p�rsans legaf�y entitled
<br /> the�eto.
<br /> ��3 Trustee may in the manner prv�ided t�y law postpvne sale of al1 or any portion of�he Property.
<br /> Remedies Not Exc�usi�e. Trustee and Lender, and each of them, sha�l be entitled t� enfor�e paymen� and
<br /> performanGe of any inde�tedness or obligativns secu�ed by�his ❑eed o�Trust and�o exercise a�1 righ�s and powers
<br /> under this �eed of Trust, under the �redit Agreement, under any v� the Rela�ed DvCuments, vr under any o�her
<br /> agreement or any laws now ar hereafter in force; notwithstanding, same �r all of such indebtedness and
<br /> ❑b�igativns secured by this Deed of Trust may now or hereafter !�e fltherwise secured, whether by mortgage, deed
<br /> o�r trust, pledg�, lien, ass�gnment or otherw�se. Nei�her the ac�eptance of this Deed o�Trust nor its en�orcement.
<br /> wh�ther �y court action or pursuant �o �he pvwer of sale vr other pflwers cvntained in this Deed of Trus�, shal�
<br /> prejudice or in any manner affect Trust�e's ar Lender's right to reali�e upon or enforce any ather secur�ty naw or
<br /> herea#�er held �ay Trustee ar Lender, it being agreed that Trustee and Lender, and each vf them, shall be enti�led to
<br /> enfvr�e this Deed ❑# Trus� and any other security now or hereafter held by Lender or Trustee in such order and
<br /> manner as they v� either vf them may in their absolute discretivn d�termine. No remedy con�errsc! upan or
<br /> reser�ed �o Trustee ❑r Lender, is intended �o be exclusi�e �� any o�her remedy in th�s Deed o� Trust ❑r by law
<br /> pro�ided vr permitted, but each shall he cumulati�� and shail be in addi#ion to e�e�y other remedy gi�en in this
<br /> Deed of Trust or now or h�reafter ex�s�ing at law ❑r in equity Qr by statut�. E�ery power vr remedy gi�en by the
<br /> Credit Agre�men� or any o� the Rela�ed Documents to Trustee or Lender or tv which either vf them may he
<br /> ath�rwise entitled, may be exerc�sed, Can�urr�ntiy vr independently, from time to time and as o�ten as may be
<br /> deemed expedient by Trust�e or Lender, and either ❑f them may pursue incvnsistent remedies. Nothing �n �his
<br /> Deed of Trust shall be construed as proh�[�iting Lender �rvm seek�ng a deficiency judgment a�ainst th� Trus�or t�
<br /> �he exten�such act�on is permit�ed by law.
<br /> Electivn vf Remed�es. A�l of Lend�r's rights and remedies will b� cumulati�e and may be exer�is�d alone or
<br /> together. If Lender decides to spend money vr to perform any o�Trustor's obligatians under this Deed of Trust,
<br /> after Trustor's failure to do so, that decisivn by Lender wE�l nat af#ect Lender's right to declare Trustvr �n default
<br /> and�v exer�ise L�nder's remedies.
<br /> Request far Nvti�e. Trustor, an behalf of Trustor and Lender, herehy requests�hat a cvpy vf any Nv�i�e vf De�ault
<br /> and a capy vf any Noti�e af Sale undsr�his Deed of Trust he mailed to them at th� addresses set for�h in th��irs�
<br /> paragraph o�this ❑eed of Trust.
<br /> Attvrneys' Fees; Expenses. l� Lender institut�s any suit or action to enfvrce any of the terms af this Deed vf
<br /> Trust, Lender shal� he entitled to recv�er such sum as�he �vur# may adjudge reasvnable as attarneys' fees at trial
<br /> and upan any appeal. Whether or not any cvur� ac�ion is invo��ed, and to �he extent not prohibited by law, all
<br /> reasonable expenses Lender €ncurs that in Lender`s apinion are necessary at any �ime fv�- the prafiect�vn vf its
<br /> interest vr the en�orcement of its rights shalf become a part vf�he lndeb�edness payable an demand and shall bear
<br /> interes� a� the Credit Agreement rate fram the date af �he expenditure until repaid. Expenses co�ered by this
<br /> paragraph include, withaut fimitation, hnwe�er subjec# ta any limits under applicabie law, Lender's attorneys' f�es
<br /> and Lender's I�ga1 expenses, wh�th�r or nvt there is a lawsuit, including attorneys' fees and expenses f�r
<br /> bankruptcy pr�ceedings �inGluding ���orts �o modify or �acate any au�omatic stay or injunc�iony. appeals, and any
<br /> an�icipa#ed post-judgment collection ser�ices, the cast of searching records, obtaining �itle reports �including
<br /> fvre�losure reports�, sur�eyars' reports, and appraisal fees, �itle insurance, and fees fvr the Trus#ee, tv th� extent
<br /> permitted by appl��able law. Trustor ais�will pay any�ourt costs, in addi�ion to afl❑the�sums pro�ided by law.
<br /> Rights vf Trustee. Trustee sha�f ha�e ail v#�he rights and dut�es vf Lend�r as set�orth�n this section.
<br /> P�WERS AND aBLIGAT��NS DF TRUSTEE. The following pra�isions relating t� th� powers and vb�igat�vns of Trustee
<br /> are part of this ❑eed of Trust:
<br /> Powers o�Trustee. In addition�o ali pawers of Trust�� aris�ng as a matter of law, Trus�ee shall ha�e�he power�o
<br /> take the �oliowing actions with respect�o�he Praperty upon the written request o� Lend�r and Trustor: �a3 jvin in
<br /> preparing and �i�ing a map or p�at o� the Real Prvperty, including �he ded�cation v� streets or othe� rights to the
<br /> public; 4h� j�in in granting any �asemen� ar creating any rest�-ic�ion on the F�eal P�aper�y, and �c� join in any
<br /> subordinat�on o�other agreement a��ecting�his Deed❑�Trust o�the in�er�st o�Lender under this �eed ❑f Trust.
<br /> Trus�ee. Trustee shall meet all qualifiications required �or T�ustee under applicable iaw. ln add�tion �v the rights
<br /> and remed�es set for�h abo�e, with respect �v all ar any part o� the Praper�ty, the Trustee shall ha�e the right to
<br /> �vreclose by notice and sale, and Lender will ha�e the right to fvreclose �y judiciai fareclosure, in ei�her case in
<br /> accordan�e w�th and ta the fiu��extent pro�ided by app�icable law.
<br /> 5uc�essor Trus#ee. Lender, at Lender's ❑ption, may fram time ta time app�int a successvr Trustee to any Trustee
<br /> appointed under this ❑eed vf T�ust by an instrument ex��uted and a�knvwledged by Lender and recarded in the
<br /> offi�e vf the re�order of Hall County, Sta�e of Nebraska. The instrument sha�i contain, in addition to all other
<br /> matters re�uired by sta�e law, th� names vf �he originai Lender, Trustee, and Trustor, the bvok and page 4v�
<br /> �omputer system referencey where this Deed �f Trust is recvrded, and the name and address of �he sucCessvr
<br /> trus�ee, and th� instrumen�shafl be executed and a�knvwledged by all the beneficfaries under this L7��d of Trust v�
<br /> their successvrs in in�eres�. The successor truste�, without con�eyance of the Pr�p��ty, shall succeed to all the
<br /> title, pvwer, and duties conferred upan the Trus�ee �n this De�d o�Trust and hy applicah�e law. This prvicedure for
<br /> substitution of Trustee shall go�ern to the exclusion of all ❑the�pro�isivns for subs�itu�tion.
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