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2� 1 ��3� 12 <br /> DEED �F TRLJST <br /> L�an Nv: 1��29��23 �Cantinued� Page 4 <br /> Fareclvsure by Power of Sale. lf Lend�r elects to fvrecfvse by�xercise ❑f the Pawer❑f Saie herein cantained, <br /> Lender shall notify Trustee and shall deposit with Trustee this ae�d af Trust and the �redit Agreement and <br /> such receipts and e�idence of expenditures mad� and secured by this Deed ❑f Trust as Trustee may require, <br /> �a� llpon receipt vf such nvtice frvm Lender, Trustee shaii cause to be recorded, published and deli�ered <br /> to Trustor such Nflti�e of Default and Natice af Safe as then required hy law and by this Deed ❑f Trust. <br /> Trustee shall, without d�mand ❑n Trustor, after such time as may then be required by law and after <br /> recardation ❑f such Notice of Default and a�t�r Noti�e ot Sal� ha�ing been gi�en as required by law, sell <br /> the Property at the time and place o� sale fixed I�y it in such Natice ❑f Sale, either as a whole, or in <br /> separate Iots vr parcels or items as Trustee shall deem expedi�nt, and in such vrder as it may determine, <br /> at public au�tion �o the highest �idder far cash in lawful money ot the United States payable at the time <br /> �f sa�e. Trustee shall deli�er to such purchas�r vr purchasers there�f its good and sufficient de�d �r <br /> deeds con�eying the prvp�rty sa sold, but without any co�enant or warranty, express or implied. The <br /> r�citafs in such deed o� any matters ar facts shall be c�nclusi�e proaf af the truthfufness therea�. Any <br /> person, including without[imitativn T�ustor, Trus�ee, ar L�nder, may purchase at such sale. <br /> �b� As may be permitted by law, a�ter deducting all c�sts, fees and expenses of Trustee and ❑f this <br /> Trust, including casts vf��idence of title in cannectian with sale, Trust�e shall apply the praceeds ❑f sale <br /> to payment af �i� all sums expended under the terms o� this ❑eed of Trust ar under the terms of the <br /> Credit Agreement nflt then repaid, including but not limited ta a��rued fnterest and late charges, �ii� all <br /> oth�r sums then s�cured hereby, and �iiiy th� remainder, if any, to the persan or persons legally entitled <br /> th�reta. <br /> ��� Trust�� may in the mann�r prv�ided by law postpane sale af all or any portion of the Prvperty. <br /> Remedies Nvt Exclusi�e. Trustee and Lender, and �ach vf them, shall he entitled ta enf�rce payment and <br /> performance of any indebtedness ❑r obfigations seCured by this De�d of Trust and to exercise all rFghts and powers <br /> under this Deed ❑f Trust, und�r the Credit Agreement, under any of the Related Da�uments, or under any �ther <br /> agreement ❑r any laws nvw �r hereaft�r in force; nat►rvithstand�ng, some or all of such indehtedn�ss and <br /> �bligations seGured by this Deed of Trust may naw ❑r hereatter be fltherwise secured, whether hy martgage, deed <br /> of trust, pledge, li�n, assignment ar ❑therwise. N�ither the acceptance a�this Deed ❑f Trust nvr its enfarcement, <br /> whether by caurt action or pursuant to the power af sale ar other pvwers cantained in this Deed �f Trust, shall <br /> pre�udice �r in any mann�r atfect Trustee's vr Lender's righ� to realize upon vr enfarce any other s��urity now �r <br /> hereatter held by Trustee vr Lender, it being agreed that T�ustee and L�nder, and each of them, shall be entitled t❑ <br /> �nforce this De�d ❑f Trust and any other security now or hereafter held by Lender ar Trustee in such order and <br /> manner as they or ei�her of �hem may in their absolute discretion det�rmine. N❑ remedy conferred upan or <br /> reser�ed t� Trustee ar Lender, is intended tv he exclusi�e of any ❑ther rsmedy in this ❑eed of Trust or by law <br /> �ro��ded �r permitted, but �ach shall be cumulati�� and shall be in addition t❑ e�ery other remedy gi�en in this <br /> Deed af Trust ❑r now or hereafter existing at law or in equity vr by statute. E�ery power vr remedy gi�en by the <br /> Cr�dit Agreement ar any ❑f the Relat�d ❑ocuments t❑ Trustee ar Lender or to which either ot them may be <br /> v�herwise entitled, may be �xercised, concurrently ❑r independently, frvm time to time and as often as may be <br /> deemed �xpedient by Trustee ❑r Lend�r, and ei#h�r �f them may pursue inconsistent remedies. Nothing in this <br /> ❑eed vf Trust shall be construed as prohibi�ing Lend�r frvm seeking a defi�iency judgment against the Trustar to <br /> the extent such action is permitted hy law. <br /> Election of Remedies. All af Lender's rights and remedies wi�� be �umulati�e and may be exer�ised alone or <br /> together. �f Lender decides to spend money or t❑ pertorm any of Trustor's abligations under this �e�d of Trust, <br /> after Trustor's #ailure ta da so, that decision �y Lender will nvt affect Lender's right to declare Trustor in defauit <br /> and tv exercise Lender's remedies. <br /> Request fvr Notice. Trustar, an b�half of Trustor and Lender, hereby requests that a �opy of any Notice ❑f Default <br /> and a copy of any Nv�ice v� Sal� under this ❑eed ot Trust be mailed tti th�m at the address�s set forth in the first <br /> paragraph of this Deed vf Trust. <br /> Attarneys' Fees: Expenses. If L�nder institutes any suit or actian t❑ enforce any of the terms of this Deed of <br /> Trust, Lender shaff be entitled to rec��er such sum as the court may adjudge reasonable as attorneys' �ees at �trial <br /> and upon any appeal. Wheth�r or not any �vurt actian is in�al�ed, and to the extent nat prahibited hy law, a�l <br /> reasonable exp�nses Lender incurs that in Lender's opinion are necessary at any time for the prvtection of its <br /> interest or the enforcement�f its r�ghts sha�l become a part vf the Indebtedness payahle on demand and shall hear <br /> interest at the Credit Agreement rate from the date of the expenditure untif repaid. Expenses co�ered �y this <br /> paragraph include, withaut limitativn, howe�er suhject ta any iimits under applicabie law, Lender's attorneys' fees <br /> and L�nder's legal expenses, whether or not there �s a lawsuit, including attorneys' fees and expenses for <br /> t�ankruptcy proceedings �including efforts tv mvdify or �acate any automatic stay or injunctiony, appea�s, and any <br /> anti�ipated pnst-judgment collection servi�es, the cast of searching records, ❑btaining title repflrts �including <br /> for�cfasure reparts�, sur�eynrs' reports, and appraisaf fe�s, title insuranc�, and fees far the Trustee, to the extent <br /> permi#ted by applicable law. Trustor als❑ will pay any court costs, in addition �a all vther sums pro�ided by law. <br /> MISCELLANE�US PROV�SI�NS. The fvllowing mis�ellaneaus pra�isions ar� a part of this Deed of Trust; <br /> Gn�erning Law. This Deed vf Trust will b� ga�erned by federal law applicahle to Lender and, to #he extent nvt <br /> preempted by federai law,#he �aws of the 5tate of Nebraska without regard to its conflicts of law pro�isions. ThEs <br />