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2� 1 ��313�
<br /> DEE� �F TRUST
<br /> Lvan No: 7[]7 295�4"i ��ontirlued� Page 4
<br /> Fareciasure by Power af Safe. If Lender ei��ts t� fareclvse by exer�ise of the Power❑f Sale herein contained,
<br /> Lender shaff notify Trustee and shall depasit with Trustee this Deed of Trust and �he Cr�dit Agreement and
<br /> such receipts and e���ence�f expenditures mad� and secured by fhis Deed ❑f Trust as Txust�e may require.
<br /> �a� L)pon receipt of such notice from Lender, Trustee shall �ause ta he recorded, published and deli��r�d
<br /> tc� Trustor such Notice of Default and Notice of Sale as then required by law and hy this Deed vf Trust.
<br /> Trustee shall, withvut demand on Trustor, after such time as may then be required by law and aft�r
<br /> recordation of such Natice ❑f De�ault and after Nvti�e of Sale ha�ing been gi�en as required �y law, sel�
<br /> the Property at the tim� and p�ace of sale tExed by it in such N�ti�e flf Sale, either as a whale, vrt in
<br /> separate Iots vr parcels ar items as Trustee shall deem �xpedient, and in such arder as it may determine,
<br /> at pubfic auction t❑ the highest bidder f�r cash in lawful money vf the United States payable at the time
<br /> of sale. Trustee shall deli�er to such purchaser ar purchasers thereaf its ga�d and sufficient deed or
<br /> deeds �vnveying the praperty sv sald, but withput any co�enant a� warranty, express ❑r impli�d. The
<br /> recitals in such deed nf any matters vr facts shall be conclusi�e praof of the truthfulness therevf. Any
<br /> person, inciuding wEthaut limitatinn Trustar, Trustee, ❑r Lender, may purchase at such sale.
<br /> �by As may be permitted by faw, after deducting af! costs, fees and expenses ❑f Trustee and of this
<br /> Trust, incfuding costs of e�idence of title in cannectivn with sale, Truste� shal� apply the proc��ds o�sale
<br /> to payment of �iy al[ sums expended under the #erms af this Deed of Trust ❑r under the terms o� the
<br /> Credit Agreement ne�t then repaid, inc�uding but not limited ta accrued interest and late charges, �ii} all
<br /> other sums th�n secured hereby, and {iiiy the remainder, if any, to the person ar persons legally entitled
<br /> thereto.
<br /> �cy Trustee may in the manner pro�ided by �aw postpvne saie vf all vr any portion af the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each a# them, sha�l be entitled to en�vrce payment and
<br /> performanc� of any indebtedness or a�ligations secured by this ❑eed ❑f Trust and ta exercise all rights and powers
<br /> under this Deed ❑f Trust, under the �redit Agre�ment, under any ot the R��ated f]ocuments, or under any ❑ther
<br /> agreement ar any laws now ar hereafter in fvrce; notwithstanding, some or all of such indebtedness and
<br /> nbligations se�ured by this ❑eed af Trust may n�w ❑r hereafter be atherwise secured, whether by martgage, deed
<br /> af trust, pledge, lien, assignment t�r otherwise. Neither the acceptan�e o# this Deed vf Trust nar its enforcement,
<br /> whether by cvurt action ar pursuant ta the pow�r of sale or other pnwers contained in tI"�i5 Deed of Trust, shall
<br /> prejudice �� �n any manner affec# Trustee's ❑r Lend�r's right tv rea�ize upon or �nfvrce any other security now or
<br /> hereafter held hy Trustee vr Lender, it being agreed that Truste� and Lender, and eaGh of them, shall be entitled to
<br /> enforce this ❑eed of Trust and any other security nvw ar hereafter held by L�nder vr Trustee in such order and
<br /> manner as they or ei#h�r af them may in their absolute discretion determine. No remedy conferred upon or
<br /> reser�ed ta Trustee ar Lender, is intend�d t� be exclusi�e ❑f any ❑ther remedy in this Deed of Trust ❑r �y �aw
<br /> pro�ided or permitted, but each shall be cumulati�e and shall he in addition ta e�ery vther rem�dy gi�en in this
<br /> ❑eed of Trust ❑� now ar her�a�ter existing at law �r in equity or by statute. E�ery power ❑r remedy gi�en by the
<br /> Credit Agreement or any ❑f the Related D�cuments to Trustee or L�nder vr to which either of them may be
<br /> vtherwise entit�ed, may be exercised, cvncurrentiy ar independent�y, from time tv time and as vften as may be
<br /> deemed expedient �y Trustee ar Lender, and either af them may pursu� inconsistent remedies. Nvthing in th�s
<br /> Deed of Trust shall be cvnstrued as prvhibiting Lender fram seeking a deficiency judgment against the Trustar to
<br /> the extent such action is permitted by�aw.
<br /> Election of Remedies. All af Lender's rights and r�rn�dies wi�� be �umulati�e and may be exercised aione vr
<br /> together. lf Lender decid�s to spend maney or to per�orm any af Trustor's obligativns under th�s Deed af Trust,
<br /> a�ter Trustor's failure to do sa, tha� decision by Lender w�ll not atfect Lend�r's right ta d�clar� Trustvr in d�fault
<br /> and to exercise Lender's rem�dies.
<br /> Request�vr No#i�e. Trustor, on behalf vf Trustor and Lender, hereby requests that a �apy of any Notice of De#auit
<br /> and a ct�py of any Nvti�e of Sale under this ❑eed �f Trust be maEled t❑ them at the addresses set forth in the first
<br /> para�raph ofi fhis Deed ❑f Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit ar action to enforce any af the terms �� this Deed �f
<br /> Trus�, Lender shall he entit�ed to �eco�er such sum as the court may adjudge reasonable as attarneys' fees at triaf
<br /> and up�n any appeal. Wh�ther vr not any �ourt acti�n is in�al�ed, and t� the extent not p�ohFbit�d by law, all
<br /> reas�nable expenses Lender incurs that in Lender's opinion are necessary at any #ime for the prate�tian �� its
<br /> interest or the enforcement�f its ri�hts shall become a part af the lndebtedness payable on d�mand and shall bear
<br /> interest at the Credit Agreement rate fram the date ❑f the exp�nditure unt�l repaFd. Exp�nses Ca�ered by this
<br /> paragraph includ�, without limitation, hvwe�er subject tv any limits under applicable law, Lender's attorneys' fees
<br /> and Lender's legal expens�s, whether flr nflt th��e is a lawsuit, including attvrn�ys' f�es and expenses far
<br /> bankruptcy proc�edings �including effarts to m�dify or �acate any autvmatic stay or injunctian�, app�als, and any
<br /> anticipa�ed post-judgm�nt collectian ser�ices, the cast n� searching recvrds, obtaining title reports {including
<br /> foreciosure reportsy, sur�eyars' repflrts, and appraisal fe�s, titl� insurance, and fees tor the Trustee, t❑ the extent
<br /> permitted by applicabEe law. Trustor also will pay any cvurt costs, in addttion t� all other sums pro�ided by law.
<br /> MfSCELLANE�US PR�VISI�NS, The foi�awing miscellan�ous prv�isians are a part vf this ❑eed af Trust:
<br /> Governing Law. ThRs Deed af Trust will he governed by federal law applicable to Lender and, ta the extent not
<br /> preemp#ed hy federal law, the laws af the S#ate ❑f Nebraska wi#hvut regard#o its confiicts of law pro�isions. This
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