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2� 1 ��283�
<br /> DEED �F TRUST
<br /> �Carltlrlu�d� Page 5
<br /> wai�e any default❑r notice of default under this Deed of Trust❑r in�alidate any ac�done in response tv
<br /> such default or pursuant to such natice vf default;and, nvtwithstanding the continuance in possession vf
<br /> the Property or the collection, receipt and application of rents, issues or profits, Trustee ❑r Lender shali
<br /> b� entit�ed ta exercise e�sry right pro�ided for in the Credit Agreement or the Related L]vcuments or by
<br /> �aw upvn the occurrence af any e�ent af default,including the right to exercise the pawer of saie;
<br /> ��} �vmmence an act�vn ta fareclose this Deed of Trust as a mortgage, appoint a recei�er or specifically
<br /> enforce any of the cv�en�nts hereof;and
<br /> �c} Def�ver tv T�ustee a written de�larati�n ot defau�t and aemand tor sa�e and a writt�n noti�e v�default
<br /> and election to cause Trustor's interest in the Property to be sold,which nvtice Trustee shal!cause to be
<br /> du�y filed for record in the appropriate offices af the�vunty En which the Property is Ivcated;and
<br /> �d} W�th �esp�ct to all or any part of the Persona! Property, Lender shall have all�he rights and remedies
<br /> v�a secured party under the Nebraska Unifvrm Commer�ial Cade.
<br /> Foreclosure by P�wer vf 5ale. If Lender el�cts to foreclose by exsrc�se vf�he Power af 5ale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this ❑eed vf Trust and the Cred�t Agreemen�and
<br /> such receipts and evidence of expenditures made and se�ured by this Deed v�Trust as Trustee may require,
<br /> �a} Upon receipt of such nvtice f�-am Lender,Trustee shall cause tv be recorded, published and deli�ered
<br /> tv Trustvr such Nvtice vf De#ault and Natice of Sale as then required by law and hy this ❑eed vf Trust.
<br /> Trustee shall, wEthaut demand on Trus#vr, after such time as may then be required by Iaw and after
<br /> recvrdativn vf such Notice of❑efault and a�ter Notice of Sale h�ving been given as r�quired by law, sell
<br /> the Property at the time and place of sale fixed by it in such Nvtice of 5a�e, either as a whole, or in
<br /> separate lvts or parceis or items as Trustee shali deem expedient,and in such❑rder as it may determin�,
<br /> at public auction to the h�ghest bidder for cash in I�wful money vf the United 5tates payable at the time
<br /> of sale. Trustee sha�� deli�er tv such purchaser ar purehasers thereof its good anr� su�i�ient deed ar
<br /> deeds cvn�eying the prvpe�ty so soid, but without any covenant or warranty, express or impl�ed. The
<br /> recita�s in such deed o#any matters or facts shal! �e conclusi�e p�oof of the truth�ulness thereof. Any
<br /> p�rson, including without limitation Trustor,Trustee,ar Lender, may purchase at such sale.
<br /> 4b) As may be permitted by law, after deducting aif costs, #ees and expenses of Trustee and o#this
<br /> Trust, including�osts of e�iden�e af title in cannectian wi�h sate,Tr�ustee shall apply the prae�eds o�f sale
<br /> to payment of �i} all sums expended under the terms af this Deed af Trust or under the #erms of the
<br /> Credi�Agre�ment nat then repaid, including but not limited to a�crued int�rest and late charges, {ii} ali
<br /> o�her sums then secured hereby, and �iii]the rem�inder, if any, to the persan or persons legaliy�n��tled
<br /> there�v.
<br /> (c} Trustee may in th�manrter provided by law postpone sa�e vf all vr any�a�rtion v�th�Prope�ty.
<br /> Remedies Not Exclusi�e. Trustee and Lender, and each �f them, shall be entitled to enforce payment and
<br /> per�ormance of any indebtedness ar obligatians secured by this Deed of Trust and tv exercise a�i rights and powers
<br /> under this ❑eed of Trust, under the Credit Agreement, under any af the Related Documents, or under any other
<br /> agreement vr any I�ws now or hereafter in force; notwithstanding, some o�- afl of such indebtedness and
<br /> obligafions secured by this Deed af Trust may nvw or herea�te�-be ot�erwise secc�r�d, whether by rr��rtgage,��ed
<br /> vf trust, pledge, lien, assignment or otherwise. N�ither the acceptance o�this Deed o�Trus#nvr its enforcement,
<br /> whether by cour� activn or pursuant to th� pvwer af sals or other powers contained in this Deed of Trust, shall
<br /> prejudi��vr in any manner affect Trustee's or Lender's right to realize upan or enforc� any vther se�urity naw qr
<br /> hereafter held by Trustee or Lender, it being agreed that Trustee and Lender,and each of them, shal�be entitled tv
<br /> enforce this �eed vf Trust and any other security nvw or hereafter heid by Lender or Trustee �n such order and
<br /> manner as they or �ither of them may in their abs�lute dis�retion de#ermine. N❑ remedy conferred upon ar
<br /> reserved to Trustee or Lender, is intended to be exc�usive of any othe�- remedy in this Deed of Trust or by law
<br /> provided vr permitted, but eaGh shall be cumulati�e and shall be in additivn ta every other remedy given in this
<br /> Deed of Trust or now or hereafter existing at law or in equity ar by statute. Every power or remedy gi�en by the
<br /> Credit Agre�ment ❑r any of #he Relatsd �vcuments to Trustee or Lender or to which either of them may be
<br /> v#herwise entitled, may be exerc�s�d, concurrently or inde�enden#ly, frvm time to tirne and as o�ten as may be
<br /> deemed expedient by Trustee or Lender, and ei�her vf them may pursue inconsistent remedies. Nothing in this
<br /> Deed of Trust shall be construed as p�-ohibiting Lender from seeking a defciency judgment against the Trustvr tv
<br /> the extent such actian is p�rmitted by law.
<br /> Election of Remed�es. All of Lende�s righ�s and r�medies will be cumulati�e and may be exercised a�one ❑r
<br /> togethe�, lf Lender decides tv spend money or tv perform any of Trustvr's obligati�ns under�his Q�ed o�T�-ust,
<br /> after Trustor's �ai�ure to do so, that decisivn by Lender will nat affe�t Lender's right to declare Trus#or in defau�t
<br /> and tv exercise Lender's�emedies.
<br /> Request far Nvtice. Trus#or,an behaif❑f Trustor and Lender, hereby requ�sts that a copy of any Noti�e af❑�fauit
<br /> and a copy of any Notice of 5afe under this Deed of Trust be mailed to them at the addresses set fvrth in the first
<br /> paragraph vf this❑eed of Trust.
<br /> Attorneys' Fees; Expenses. lf Lender institu#es any suit or action to enforce any of the terms nf this ❑eed vf
<br /> Trust, Lender shall be entitled to rec��er su�h sum as the courk may adjudge reasonable as attvrneys'fees at trial
<br /> and upQn any appeal. Whether o� not any cnurk ac#ivn is in�vl�ed, and tv the extent not prohibited by �aw, a!I
<br /> reasonable expenses Lender incurs that En Lender`s opinion are nec�ssary at any time for the protection vf its
<br /> interes#vr the enforcement vf i�s rights shall become a part�f the indeb#edness payab�e an demand and sha��bear
<br /> rnterest at the Credit Agreement rate #rom the date vf the expenditur� until repaid. Expenses co�ered by this
<br /> �aragraph include, without lim�tation, howe�er subject�v any limits under applicable law, Lender's att�rneys'�ees
<br /> and Lende�'s legal expenses, whether or nvt there is a lawsuit, including atto�-neys' fess and expenses for
<br /> bankruptcy prviceedings �including efforts tv mvdi�y or vacate any autamatic stay or in�unction}, appeals, and any
<br /> antic+pated post judgment callectivn serviGes, th� cvst o� searching r�cvrds, obtaining title reports {including
<br /> fvreclosur�reports}, sur�eyors' reports, and appraisal fees, ti#�e insurance, and fe�s fvr the Truste�, tv th� extent
<br /> permitted by applicable iaw. Trustvr also will pay any�ourt�osts,�n additivn to a11 vther sums pro�idsd by law.
<br /> Rights Qf Trustee. Truste�shall have all of the rights and du#ies of Lender as set forth in this section.
<br /> PDWERS AND DBLIGATI�NS�F TRUSTEE. The fc�liowing provisions relating to the powers and obligativns of Trustee
<br /> are part af this Deed o�Trust:
<br /> Powers af Trustee. In additi�n to all pvwers vf Trustse arising as a matter ofi law,Trustee sha�! have the pvwer tv
<br /> take the fvflawing ac#ions with respect to the Property upvn the written request of Lender and Trustvr: �a}�oin in
<br /> preparing and filing a map or plat vf the Real Property, including #he dedication of streets ❑r other rights to the
<br /> public; �b} join in granting any easement or creating any restriction on the Real Property; and �C} join in any
<br /> subvrdina#ion vr other agreement affecting this❑eed of Trust or the int�rest of Lender under this Deed af Trust.
<br /> Trustee. Trus#ee sha�! meet a!l qual�ficativns requtred �vr Trustee under applicahle law. In addition to the rtghts
<br /> and remedies set�orth abv�e, with respe�t tv a!f ❑r any part of the Property, the Trustee shall have #h� right to
<br /> foreclose by na�ice and sale, and Lender will ha�e the right to foreGiose by judicial fvreclosure, in either case in
<br /> accordance with and tv the�ul��xtent pro�ided by applicabie law.
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