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2� 1 ��2734
<br /> v��v �F TausT
<br /> ��ontinued� Page 5
<br /> ren�s, issues and prv�its of the Praper�y, in�luding thase pas� due and unpa�d, and appiy the same, less
<br /> casts and expenses af operation and callection attorneys' �ees, to any �nde�tedn�ss secured by this De�d
<br /> of Trust, all in such order as Lender may determine. The entering up�n and �aking possess+an of the
<br /> Property, �he cv��ectian af such rents, issues and profiits, and the application therevf shall not �ure or
<br /> wai�e any default or no�ice ❑f default under this ❑eed o�Trust ar �n�alidat� any act done in respons� tv
<br /> such defaul�or pursuant to su�h natic�o#defauli�; and, notwithstanding the conttnuance in possession❑f
<br /> the Property or the colfectian, re�eip� and application of rents, issues or profits, Trustee ar Lender shall
<br /> b� entitled to exercise e�ery right pro�ided for in th� Credit Agreement ar the Related Dacuments or by
<br /> law upon the�ccurrence❑#any e�ent❑f de#ault, including the right�o exer�ise the pvwer v�sale;
<br /> {by Commence an actian to fa�ec�ose this Deed ot Trust as a mar�gage, appaint a rec�i�e�or sp�cifical�y
<br /> en�arce any vf the cv��nan�s hereof; and
<br /> �c� Deli�er to Trus�ee a writt�n declara�tf�n o�de�auit and demand��r sale and a wr�tt�n nvtice of default
<br /> and election�o �ause Trustor'S inter�st in the Property t� b� sold, which n�tice Trustee shall caus�to be
<br /> du�y filed for record in the appropriate a��rices of the Cvunty in which�he Property is locat�d; and
<br /> 4d} Vlf�th respe�t 1�o ali or any part of�he Personai Property, Lender sha�l ha�e al1 the rights and remedies
<br /> o#a se�ured pa�ty under the Nebraska Unifvrm �ommercial �ode.
<br /> Fo�eclosure by Powet�of Sa�e. 1'�Lender el��ts to�oreclose�y exercise o��he Power o�Sale herein contained,
<br /> Lender shal� not+fy Trustee and shall deposit w�th Trustee this Deed of Trust and �he Credit Agreement and
<br /> such r��eipts and��idence of expenditu�es made and secur�d by�his Deed a�Trust as Trustee m�y requ�re.
<br /> �af Upvn receipt vf such natice#rom Lend�r, Yrustee shafl cause tv be recorded, pub�ished and deli�ered
<br /> to Trustar such No�i�e �f De�au�t and hlatice of Sa�e as then required by law and b� this Qeed o�f Trus�.
<br /> Trus�e� sha!!, withvut demand an Trust�r, aft�r such tims as may then be required by law and a�t�r
<br /> r�cvrdativn of such Notice of ❑�fault and a��er Nvtice of 5al� ha�ing been gi�en as �equired by �aw, sell
<br /> the Pr�pe�ty a� the time and pla�e of sale fixed by �� in such Notice o# Sale, eEther as a wha�e, vr in
<br /> separate lots ❑r parcels or items as Trustee shall d�em expedient, and in such nrder as it may determine,
<br /> at public auctivn tv the highest bidder far cash �n la►nr�u! money af the United States payable at�he time
<br /> of sale. Trustee shall deli�e� to such purchaser ❑r purchas�rs thereof its goad and sufficient deed or
<br /> deeds con�eying the properfiy so sold, but without any ca�enant v� warranty, expr�ss ❑r implied. The
<br /> re�itals ir� such d��d ❑f any matt�rs ar fac�s shal� be Gonc�usi�e praof a� �he tru�hfu�ness thereo�. Any
<br /> persan, including withvut limitation Trustor, Trus�ee, or Lender, may purchase at such sale.
<br /> �bk As may be Qe��ttted by law, after deduct;ng a�� CDS�S, fees and expenses o� Trus�ee and v� this
<br /> Trust, inc�uding costs o�f e�idence o#�itle in conn�cti�n with sale, Trustee shall apply the prviceeds❑f sale
<br /> tv payment of �i� a!! sums expended under the terms ❑� this Deed of Trust o� under the terms of the
<br /> Credit Agreement not �hen repaid, in�luding but nat limited to acCrued inter�st and la�e charg�s, �ii} all
<br /> ather sums then se�ured hereby, and �iiiy the remainder, �f any, t❑ �he person ❑r persons lega��y entitled
<br /> thereto.
<br /> �c} T�ustee may in the manner pro�ided by law pos�pone safe o#a!1 ar any p�rt�on af the Praperty.
<br /> Remedies Not Exclusi�e. Trustee and �ender, and �ach v�r them, sha�� be entitled to en�or�e payment and
<br /> per�v�mance of any indehtedness or��ligations secured by this Deed of Trust and tv exercise al[ �ights and powe�s
<br /> under this Deed vf Trust, under the CredEt Agreement, under any ❑� �he Related Documen�s, or under any other
<br /> agreemenfi or any �aws naw or hereafter in farce; nv�withstanding, svme or all �f such indebt�dness and
<br /> obliga�ions secured hy�his Deed o�Trust may now or �erea�ter he o�herwise secured, whether by mortgag�, deed
<br /> v��rust, pledge, lien, assi�nmen� �r vtherwise. Nei�her the a�ceptance of this �eed o�Trust nor its enfiarcemen�,
<br /> whether by cvurt a+ction or pursuan� to �he power of sale vr ather powers cvntained in this Deed o# Trust, shall
<br /> prejudi�e or in any manner a��ect Trus�ee's ❑r Lender's right �❑ rea�Fze upon or enfor�e any other security now ❑r
<br /> hereafter held !�y Trus�ee or Lender, it being agreed �hat Trust�e and Lender, and each of xhem, shall be�ntitled to
<br /> enforce this ❑eed a� Trust and any vth�r security now vr he�ea#t�r held hy Lender or Trustee in such �rder and
<br /> manner as they or either ❑� them may in �heir absolute discret�on determine. No r�medy �on��rred upon vr
<br /> reser�ed to Trustee or Lend�r, is intended to he exclus��e of any other �emedy in this Deed vf Trust v� by law
<br /> pro�ided o� p�rm�tted, but each shall be cumulati�e and shall be in addition t❑ e�ery ather remedy gi�en in this
<br /> Deed nf Trust ar nvw or hereafter exEstin� at !aw or �n equity ❑r by s�a�ute. E�ery power vr �emedy given by the
<br /> Credit Agreement vr any o� the Related Dacuments to Trustee or Lender or to which e�ther of them may #�e
<br /> oth�rwtse enti�led, may #�e exe�cised, concurr�nt�y o� independent�y, �rom t�me to time and as a#ten as may be
<br /> deemed expedient by Truste� or Lend�r, and either o� them may pursue inconsist�nt remedies. Nvthing in �his
<br /> Deed of Trust sha�l be canstrued as prohibi�ing Lender from seeking a defi�iency �udgment aga�nst ths Trustar to
<br /> the extent such action �s permitt�d by law.
<br /> Elec�ion o# Remedies. All af Lender's rights and rernedies rrvi�l �e cumu�ati�e and may be exercised a�one or
<br /> together. lfi Lender decides ta spend mon�y ❑r to perfarm any of Trusto�'s obligations under this D�ed of Trust,
<br /> af�er Trus�or's failure to do s�, that decision by Lender will no� affect Lend�r's right to declare Trustor in de�aul�
<br /> and t�exercise Lend�r's remedies.
<br /> Request for Nv#i�e. Trust�r, on beha�f�#Trustor and Lender, hereby requests that a capy af any Nvti�e ❑��e�ault
<br /> and a copy of any Notice vf Sale under this ❑eed ❑f Trust be mailed to�hem at th� addresses set forth sn the '�irst
<br /> paragraph v�this Deed of Trust.
<br /> Attorney�' Fees. Expenses. I� Lender ins�itu�es any suit �r actian �o enfar�e any o# the �erms af this �eed o#
<br /> Trust, Lender shall be entitled to re�o�er su�h sum as the Cour# may adjudge reasvnab�e as a��vrneys' �ees at trial
<br /> and upon any appeal. Whether or not any court acti�n is inuol�ed, and ta the exten� not p�ohibited b� law, all
<br /> reasortable expenses Lend�r incurs �hat in Lender's �pinion are nec�ssary at any �ime �or the prat���ion vf its
<br /> in�er�st or the enfor�ement o�r its rights shall k�ecome a par�af the ind�htedness payable vn demand and shali bear
<br /> interest a-t the Credit Agreement rate from the date afi the expenditure untii repaid. Expenses cv�ered by �his
<br /> paragraph include, without limita�ivn, hvwe�er suhjec� to any iimits under applicable law, Lender's attorneys" �ees
<br /> and Lender's lega! expenses, whether ❑r not there is a �awsuit, in�fudEng attorneys' fees and expenses for
<br /> ban4�ruptcy prac�edin�s tinclud3ng ef�arts to mvdify or �acate any automa�ic stay �r injun�tiony, appeals, and any
<br /> anticipated pvs�-judgment coll�ctian ser�ices, the cost o� searching records, �b�aining title repvrts �inciuding
<br /> fvre�losure repvrts�, sur�eyors' rep�rts, and appraisal #ees, �itle insurance, and fees for the Trustee, t❑ the extent
<br /> permitted by applicable �aw. Trustor alsa wi[I pay any cvurt�vsts, in addition t❑all vther sums pra�ided by law.
<br /> Righ�s of Trustee. Trustee shall ha�e all o��he righ�s and duties�#Lender as set f�rth in this section.
<br /> P�WERS AND ❑BLiGATlONS DF TRUSTEE. The fo[fow�ng pro�isivns relating t� the pawers and obiigations af Trustee
<br /> are par�of�his Deed of Trust:
<br /> PQwers of Trustee. In additi�n ta ali powers af Trustee ar�sing as a matter o�law, Trustee shall ha�e the pow�r to
<br /> take the following actions with respe�t to the Prvper�y upon the written �equest of Lender and Trustor: {a� jain in
<br /> preparing and fiiiing a map or piat v� the Real Property, Enc�uding the dedication of streets or other rights to the
<br /> puhiic; �h� �oin in g�anting any easement ar Crea�ing any restrictivn on the Rea! Pr�per�y; and ��� jflin in any
<br /> subvrdina�ion or❑ther agreement a��ecting this Deed o�Trust ar�he interest�#Lender unde�th�s Deed o�Trust.
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