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2� 1 ��2155
<br /> DEED �F TRUST
<br /> Loan No: "I�1�9473'I ��ontinued� Page 4
<br /> Foreclosure hy Power of 5ale. If Lender elects to fore�lose by exercis� �f the Power of 5ale herein contained,
<br /> Lender shall n�tify Trustee and shall deposit with Trustee this Deed of Trust and th� Credit Agreement and
<br /> such receipts and e�idence af expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> �ay Upan receipt �f su�h notice f�vm Lender, Trustee shall cause to be re�vrded, publish�d and deli�ered
<br /> to Trust�r such Notice af Default and Notice of Sale as then requir�d hy law and by this Deed �f Trust.
<br /> Trustee shall, withaut demand ❑n Trustar, after such tim� as may then be required by law and af�er
<br /> rect�rdatian o� such N�tice of Default and after N�tice of Sa�e ha�ing been gi�en as required by 1aw, sell
<br /> the Property at �he time and place of sale fix�d by it in su�h Nvtice ❑f Sale, either as a whole, or in
<br /> separate lats or parc�ls ar items as Trustee sha�l deem expedient, and in such �rder as it may determine,
<br /> at public auctian ta the highest bidder for cash in lawfu� money a#the Untted States payable at the time
<br /> of saf�. Trustee shall deli�er tv such purchaser or purchasers therevf its gaad and su�ficient deed ar
<br /> deeds con�eying th� property sv sold, but without any cv�enant or warranty, express or imp�ied. The
<br /> recitals in such deed �f any matters ar facts shall be �onclusi�e praaf ❑f the truthfulness thersof. Any
<br /> person, including vuithaut limitati�n Trustor, Trustee, ar Lender, may pur�hase at su�h sale.
<br /> �b� As may b� p�rmitted by law, after d�ducting all c�sts, fees and expenses of Trustee and of this
<br /> Trust, in�luding costs�f e�idenc2 of title in cannection wi�h sale, Trustee shall appfy th� prvc�eds of sale
<br /> to payment af �iy all sums expended under the terms of this Deed of Trust ar under the terms of the
<br /> Credit Agreement no� then repaid, including but nat limited to ac�rued interest and late charges, tii} a�l
<br /> other sums then secured hereby, and �iii� the remainder, i# any, to the person �r persans legally entitled
<br /> theretfl.
<br /> �c� Trustee may in the manne� pro�ided by �aw postpone sale af all ❑r any p�rtion❑f the Property.
<br /> Remedies Nvt Exctusirre. Trustee and Lend�r, and ea�h of them, shall �e entitled to en#arce payment and
<br /> performance af any indebtedness or abligations secured by this Deed of Trust and t� �xercise all rights and powers
<br /> under th�s ❑eed of Trust, under the Credit Agreement, under any af the Related Documents, or under any ather
<br /> agreement or any laws now or hereafter in force; n�twithstanding, svme nr all of such indebtedness and
<br /> abliga�i�ns secured by this ❑eed vf Trust may now or hereafter be otherwise secured, whether by mortgage, deed
<br /> of trust, pl�dg�, lien, assignment or otherwise. Neither th� acceptance of this ❑eed vf Trust nar its enfor�ement,
<br /> whether hy court actian or pursuant to the pawer af sale or vther pvwers contained in this D�ed of Trust, shali
<br /> prejudice ar in any manner affect Trustee's �r Lender's right ta realize upvn or enfor�e any other securEty nnw or
<br /> hereafter held by Trust�e or Lender, it being agr�ed that Trustee and Lend�r, and each af them, shall be entitl�d to
<br /> enfarc� this D�ed vf Trust and any �th�r security naw or hereafter held by Lender ar Trustee in such arder and
<br /> manner as they ar either of them may in their absalute discretion determine. Nv remedy conferred upon ar
<br /> reser�ed tv Trustee vr Lender, is intended ta be exclusi�e of any other remedy in this Deed of Trust or by �aw
<br /> pra�ided or permitted, but each shall he cumu�at��e and shall �e in additian ta ��ery other remedy gi�en in this
<br /> �eed of Trust or now or hereaftsr existing at law ar in equity or by statute. E�ery power vr r�medy gi�en by the
<br /> Cred�t Agreement ❑r any vf the Related Documents t� Trust�� or L�nder or t❑ which either of them may be
<br /> otherwis� entitled, may be exercised, cvncurrentfy vr independently, frvm �ime to time and as often as may be
<br /> deemed expedient by Trustee or Lender, and either ❑f them may pursue incflnsistent remedies. Nothing in this
<br /> Deed of Trust shall be �vns�trued as prohibiting Lender from se�king a d�ficiency judgment against the Trustvr ta
<br /> the extent suGh action is permitted by law.
<br /> Ele�tian of Remedies. All af Lende�'s rights and rernsdies will be cumulati�e and may be exercised alane or
<br /> t�gether. �f Lender decides tv spend money nr to perform any of Trustor's ohligatinns under this Deed of Trust,
<br /> after Trustor's failur� to da so, that decision �y Lender wi1� nvt affect Lender's right ta decla�e Trustvr in default
<br /> and t❑ exer�ise Lender's remedies.
<br /> Request fvr Notice. Trustar, vn behalf af Trustor and Lender, hereby requests that a copy of any Notice of Default
<br /> and a copy a�any Notice of Sale under this Deed af Trust be mailed to them at the addresses set farth in the firs�
<br /> paragraph ❑f this Deed ❑f Trust.
<br /> Attarnsys' Fees: Expenses. If Lender inst�tutes any suit ar action �� �nfvrc� any ❑f the terms vf this Deed of
<br /> Trust, Lender shall be entitled to reca�er such sum as the court may adjudge reas�rnabl� as attorneys' fees at trial
<br /> and upon any appeal. Whether vr n�t any c�urt action is in�ol�ed, and ta th� extent nvt prnhibited by law, all
<br /> reasanable expenses Lender incurs that in Lender's opinivn ars necessary at any tEme far the prate�tian o� its
<br /> interest or the enfarcement of its rights shall become a par�vf the lndebtedness payable ❑n demand and shall bear
<br /> interest at the Credi� Agreement rate from the date o� the expenditur� until repaid. Expenses co�ered hy this
<br /> paragraph includ�, without limitatinn, howe�er subject to any limits under applicable faw, Lender's attorneys' �ees
<br /> and Lender's legal expens�s, whether or nat there Es a lawsuit, including attorneys' fees and �xp�nses far
<br /> hankruptcy proceedings �incfuding ef'fvrts to modify ❑r �acate any automatic stay or injunction7, appeals, and any
<br /> anticipated post-judgment cvllection ser�ices, the cvst of searching recards, obtaining title reports �including
<br /> foreclosure r�ports}, sur�eyors` reparts, and appraisal fees, titfe insuran�e, and fees f�r the Trustee, t❑ the extent
<br /> permitted by applicable law. Trustor alsa will pay any�ourt casts, in addit€on tv all ather sums pro�ided by law.
<br /> MISCELLANE�US PR�VISI�NS. The following m�scellaneous pro�isions are a part of this D�ed ❑f Trust:
<br /> Ga�erning Law. This Deed vf Trus# will be g��erned by federal �aw appiicahte #o Lender and, ta the extent not
<br /> preempted hy federal law, the laws of the State of Nebraska w�thou# regard tv its cvnflicts vt iaw pro►►isions. This
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