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2� 1 ��255�
<br /> QEED []F TRUST
<br /> ��ontinued� Page 5
<br /> enforce any of the cv�enants herea�; and
<br /> ��� De�i�er to Truste� a written declarativn o�d�fault and demand far sale and a written notic�of default
<br /> and e�ection to cause Trustor's interest in�ths Property�v he sold, whi�h na�ice Trustee shall cause to be
<br /> duly fifed for re�ord in the appropriate offic�s of the County in which th� Proper#y �s located; and
<br /> �d} With respect to a11 0� any part o�the Personal Property, Lender shall ha�e a�f the rights and rem�d�es
<br /> vf a secured party unde�-the Nebraska Uniform Cvmmerc+al Code.
<br /> Fore��osur�by Pow�r ot 5ale. If Lender eleets ta t�r�e�ose by exer-ctse of ths Pawe�vf Sal� he�ein eontain�d,
<br /> Lender shall notify Trustee and shall deposit with T�ustee this Deed �f Trust and the Credit Agreement and
<br /> such receip�s and��iden�e of expenditures made and secured �y this Deed of Trust as Trustee may require.
<br /> �a� Upon rec�ipt�f su�h nat�ce�rom Lender, Trus�ee shaii cause to be recvrded, pu��ished and deli�ered
<br /> to Trust�r such Natice of De#ault and NQtice of Sale as then required hy law and by this Deed a�Trust.
<br /> Trustee shall, without demand �n Trustar, after such time as may �hen be �e�{u�red by law and after
<br /> recordation af such Notice of Default and af�er Notice of 5ale ha��ng been gi�en as required by law, se��
<br /> the Pra�erty a� the t�me an�i p�ace of sale �ixed by it in such Notice at 5ale, eit#�er as a whole, or in
<br /> separate [o�s or parce�s or i�ems as Trustee sha�� deem expedient, and in su�h order as it may determin�,
<br /> at public aueti�n to the highest hidder for cash in lawful money o�th� United States payab�e at the �ime
<br /> of sale. Trust�e shall deli�er to such purchas�r or purchase�s thereo� its g�od and suff���en� deed or
<br /> de�ds �onveying the prvperty sa sold, but without any co�enant or ►nrarranty, express or implied. The
<br /> re�itals in such deed af any mat�ers or #acts shall be �onc�usi�e proof a�the tru�hfulness thereaf. Any
<br /> pe�son, including wi�hou�f�mitati�n Trust�r, Trustee, ❑r Lende�, may purchase at such sal�.
<br /> �b� As may be permitted by law, after deducting all costs, fees and expenses af Trustee and af this
<br /> Trus#, including costs v�e�iden�e of title in connection with sale,Trust�e shall apply th� pro�eeds af sale
<br /> to payment of ��y al! sums expended under �he terms o� this D�ed o# Trust or under the terms of th�
<br /> Cr�dit Agre�ment not then repa�d, including but not limi�ed tv accrued interest and late �harges, �ii� afl
<br /> other sums then secured hereby, and �iiiy the r�ma�nder, if any, #o the person or persons legaily entitled
<br /> there�o.
<br /> �c� Trustee may in�he manner pro�ided hy 1av►r pos�pvne sale af all or any partion vf the Prvperty.
<br /> Remedies Not Exclusi�e. Trustee and Lender, and each of them, shall be entitled to �n�orce paymen� and
<br /> perf�rmanGe o�any ind�btedness or obligations secured hy this Deed of Trust and to ex�rcise ail rights and pavuers
<br /> under th�s ❑e�d �f Trust, und�r the Credit Agre�ment, und�r any vf the R�lated Documents, or unde� any �the�
<br /> agreement or any laws nvw ❑r h�rea�ter in �orce; notwiths�anding, svme or all of su�h �ndeb�edness and
<br /> obligativns se�ured by this Deed of Trust may n�w or herea�fter �e vtherwise secured, whether by mortgage, deed
<br /> a��rust, pledge, li�n, assignment vr �therwise. Neither the acceptance af this Deed of Trust nor its enforcement,
<br /> whether by court a��ion or pursuant to the power of sale vr other powers conta�ned in �his Deed v� Trus�, shal�
<br /> prejudice or in any manner af�e�t Trustee's or Lender's right t� realize upvn or enforce any other security now or
<br /> hereaf�er held by Trustee or Lender, i# being agreed that Trus�ee and L�nder, and each o�them, shall be entitfed to
<br /> enfor�e this ❑eed of Trust and any ather se�urity now a� hereafter held by Lender or Trustee in such ��der and
<br /> manner as they or either of them may in their absolute discretian det�rmine. N❑ remedy canferred upon or
<br /> reser�ed to Trustee or Lender, is intended to k�e exc�usi�e �f any other remedy in this Deed of Trust or hy law
<br /> provided or permitted, but each sha11 be cumufati�e and shal� be in addition fio e�ery vther remedy gi�en in this
<br /> Deed of Trust or nov►r �r hereafter existing at law or �n equity or by statute. E�ery power �r remedy gi�en hy the
<br /> Credit Agreemen� or any af the Related Documen#s t❑ Trus�ee vr Lend�r or to which either o� them may be
<br /> otherwise enti�led, may b� exerGised, cvncurrently or independently, from time to time and as often as may be
<br /> de�med expedient by Trustee or Lender, and either of �hem may pursue inconsistent remedies. No#hing in �his
<br /> ❑e�d of Trus� shall be �anstrued as prc�hibitEng Lender �rom seeking a defi�iency judgment agains� the Trustor ta
<br /> the extent such activn is p�rmitted by law.
<br /> Electian of Remedies. A�! af Lender's rights and remedies will be cumulati�e and may he exercised alone ar
<br /> togethet�. If Lender decides to sp�nd money or to perfvrm any ❑f Trus�or`s vhligations under ti�is Deed o�Trust,
<br /> a�ter Trustvr's fai�ure to do so, that decision by Lender will not a��ect Lender's right tv de�lare Trustor in default
<br /> and to exer�fse Lender's remedies.
<br /> Reques#far No�ice. Trust�r, on �ehal�a�Trustor and L�nder, hereby reques�s that a copy of any Notice of Defau�t
<br /> and a Gopy o�any Natice of 5ale under this Deed o�Trus�t t�e mailed to them a�the addresses set forth in the first
<br /> paragraph of this D�ed ❑f Trust.
<br /> Attvrneys' Fees; Expenses. I� Lender institut�s any sui# vr acti�n to enfiarce any of the terms of th�s Deed of
<br /> Trust, Lender shall be entitfed to re�o�er such sum as #he cvurt may adjudge reasvnabl� as attorneys' �ees at tr�af
<br /> and upon any appeal. Whether or not any court action is in�ol�ed, and to the extent nvt prohib"rt�d by law, all
<br /> reas�nable expenses Lender incurs �ha� fn Lende�'s ��inian are neeessary at any ttme �or� the protectian of ��s
<br /> interest or the enforcement a� its rights sha�l be�ame a part o��he �ndeb�edn�ss payable�n demand and sha�� bear
<br /> interest at the Credi� Agreement rate �rram the date af the expenditure untE� repaid. Expenses cvver�d by this
<br /> paragraph include, without limitation, howe�er sub�e�t to any limits under appl�cable law, Lend�r's a#torneys' fees
<br /> and Lender's l�gal exp�nses, whe�ther or not there is a lawsuit, inGluding attorneys' �ees and expenses for
<br /> f�ankruptcy proceedings 4in��uding efforts t� modify or vacate any automatic stay vr injunctian}, appea�s, and any
<br /> an�ticipated pvs�-�udgment collection ser�ices, the �ost vf searching records, obtaining title reports �including
<br /> �oreclosure reports}, sur�eyvrs' reports, and appraisaf fees, title insurancs, and fees for the Trustee, t❑ the exten�
<br /> perm�tted by appl�cab�e law. Trustor also will pay any c�ur�cos�ts, in additian#o ail other sums pr��ided by iaw.
<br /> Rights of Trustee. Trustee shall ha�e all of the rights and dut�es o�Lender as set�arth in�his sec�ion.
<br /> P�WERS AN❑ QBLIGAT�DNS ❑F TRUSTEE. The �olivwing prv�isians r�la�ing to the pvw�rs and obligations o�Trustee
<br /> are pa�t of�his Deed of Trus�:
<br /> Powers o�Trustee. ln additian to all paw�rs af Trustee arising as a matter o�law, Truste� shall ha�e the power to
<br /> take the following actions with respe�t ta the Property upon the v►►ritt�n reques�of Lender and Trustvr: {a} j�in in
<br /> prepariny and filing a map or plat �f the Real Praperty, including the dedi�a�ian of stree�s ❑r other rights to the
<br /> publE�; tb� jvin in granting any easemen� ❑r c�eating any restriction on the Real Prvpe��y; and �c� join in any
<br /> subordina�ian❑r other agreement a�fecting this Deed v�Trus�or the interest af L�nder under this ❑eed of Trust.
<br /> Trustee. Trustee sha�l mee� all quali�ications required for Trust�� under applicabfe law. In additi�n to the rights
<br /> and remedies set forth abo�e, with respect to a!� or any part of the Property, the Trustee shall ha�e the r�ght to
<br /> fv��close I�y notice and sale, and Lender wiEl ha�e the �ight to foreclose �y judicial �oreclosure, in either case in
<br /> accvrdance with and tv�he fu�f exten�pro�ided by applicable �aw.
<br /> 5u�cessar Trustee. Lender, at Lender's ❑ption, may�rom�ime tv time app�int a successor Trustee to any Trustee
<br /> appointed under this Deed o# Trus� by an instrumen� exeeut�d and acknow�edged by Lender and recorded in #he
<br /> of�ic� of the �ecorder �f Ha�� Coun�y, 5tate of Nebraska. The instrument shall con�ain, in addition to all other
<br /> ma�ters required by state law, �he names of �he originai Lender, Trustee, and Trustar, the bvok and page ��r
<br /> computer sys�em re�erence� where �this Deed of Trust is recv�ded, and �he name and address of �he successor
<br /> trustee, and the instrument shall he executed and a�know��dged by all the benefi�iari�s under this Deed flf Trust�r
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