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2� 1 ��4� 15
<br /> DEED DF TRUST
<br /> ��vCltinued� Page 5
<br /> and electian to cause Trusfor`s interest in the Property to b�sold� which nati�e Trustee sha!! Gause�o be
<br /> duly filed for re�ord in the appropriate offices ofi the County in which the Property is Io�atedf and
<br /> [d� With r�spect to aII or any part of the Pe�sonal Property� Lender shaI1 ha�e a!!th� righ�s and remedies
<br /> of a secured party under the Nebraska Uni�arm �ommercial Cod�.
<br /> FarecIosure by Power of Sale. lf Lender eiec�s�o foreclose by exercis�o�F�he Power of Sale h�rein contained,
<br /> Lender shall no�ify Trustee and shaIl deposif with Trustee �his Deed of Trust and fhe Credit A�reement and
<br /> such receip�s and e�idence o-F expendi�ures made and secured by this Deed ❑f Trust as Trustee may require.
<br /> {al �pon receipt of su�h noti�e from Lender, Trust�e sha4� cause ta be recorde�i, pubtished and deiivered
<br /> �co Trustor such Natice of Default and No�tice of Sale as then required by law and by this Deed ❑f Trust.
<br /> Trustee shalI, with�ut demand on Trusta�, after such time as may then be r�quired by law and after
<br /> recvrdatian o�su�h Na�ice a-F Default and after Notice of SaI� ha�ing been gi�en as requ�red by Iaw, seII
<br /> �he Prop�rty at �he �im� and pIa�e �f sale fixed by it in su�h Notice �t Sale, either as a whale, ❑r in
<br /> separate lo�s or parcels ❑r items as Trus�ee shal! deem expedient, and in such order as it may de�e�mine,
<br /> a� pubIic auctian f❑ fh� high�s� bidder for cash in �awful money ❑f the �nifed S�ates payable at the time
<br /> ❑f sale. Trustee shaII deIi�er ta su�h pur�haser or purchasers fherea� i�� gaod and suffiGient d�sd ar
<br /> d��ds canv�ying the property so sald, bu� rrvithout any coven�nt ❑r wa��-anty� gxp�ess ar �mpli�d. The
<br /> r�cita�s in such deed of any matters ❑�fa�fs shall be concIusi�e praofi af�he truthfulness therea�F. Any
<br /> persan, incIuding without Iimitation Trustar,Trustee� ❑r Lender, may purchas�at such sale,
<br /> (b} As may be permit�ed by law f after deducting aII costs, fees and expenses ot Trus�ee and of �his
<br /> Trust, incIuding cos�s of e�idence of�if1e in conneGtian with saIe�Trustee shail apply�he proceeds of saIe
<br /> t� paymen� of {i� aII sums expended under �he terms o-F this Deed o� Trust or under �he �erms of the
<br /> Credit Agreement nat�hen repaid, including bu� not limited t❑ accrued in�eres� and �ate charges, {ii} aII
<br /> other sums then se�ured hereby, and �iii} the remaind�rr i-�any, �o fhe pers�n or persons Iegaliy entitIed
<br /> therefo.
<br /> {c� Trustee may in the mann�r pro�ided by law pvstpone sale ot a�1 0�-any portion of the Property,
<br /> Remedies No� Exclusive. Trus�e� and Lende�, and each of them, sha�� be enfitled �o en�ar�e payment and
<br /> performan�e of any indeb�edness or obliga�ions secured by this Deed o�T�us�and to exercise aII rights and p�wers
<br /> under this �eed of Trustf under �he Gredit Agr��menxr under- any o-�the Related ❑ocuments, or under any other
<br /> agreem�nt �r any laws now or hereafte� in force, no�withstanding, same ar aII of such indebtedness and
<br /> obligatians secu�ed by this ❑eed of Trust may naw or�ereafter be otherwise securedr whether by martgage, deed
<br /> vf�rusfi, pledge, iien, assignment ❑r otherwise, Neither the accep�ance o�this Deed o�`T'rust nar its en�orcement,
<br /> whether by court a�tion ❑r pursuant to the power o�sale or other pawers cvntained in this Deed o�Trus�, shall
<br /> prejudice or in any manner aff�c�Trusfee's or Lender's right to realize upan or enforce any other s�curi�y naw ar
<br /> hereafter he�d by Trus�ee or Lender, i�being agreed�hat Trus�ee and Lender, and each of them, shall be enti��ed to
<br /> enforce this Deed of Trus� and any o�her security now or hereafter held by Lender or Trus�ee in su�h arder and
<br /> manner as they or ei�her ❑f �hem may in their absaIu�e discretion de�ermine. No remedy confsrred upon or
<br /> reser�ed f� Trus�ee or Lender, �s in��nded ta be �xclusive of any other remedy in �his Deed ❑f Trus� or by Iaw
<br /> pra�ided ❑r permitted, but eaGh shaIi be cumuIati�e and shall be in additian ta every o�her remedy gi�en in this
<br /> aeed o�Trus�c ar nvw or hereaf�icer existing a�r law or�n equi�y or 1oy��atute. E�ery pawe� or remedy given by the
<br /> �redit Agreement or any o� �he R�Iated Documen�s to Trus�ee or Lender or to whi�h either of them may be
<br /> otherwise en�ztIed, may be exercised, concurren�ly or- independentiy, from time to trme and as often as may be
<br /> deemed expedient by Trus�ee or Lender, and either of them may pursue inconsis��nt r�medies. Nothing in this
<br /> Deed of Trus� shall be construed as prohibiting Lender �rom seeking a deficien�y judgmenf agains��he Trustor�o
<br /> the ex�ent su�h action is permitted by iaw.
<br /> Ele��ian ❑f Remedies. AII �� Lende�-'s rights and rem�dies wiII b� cumu�ati�e and may be exercised a�one or
<br /> together. lf Lender decides fo spend money or to perform any ot Trustar`s obligations under this ❑eed ❑�Trustr
<br /> after Trustor's faiIure to do so, tha� decision by Lender wili not affect Lende�`s right�❑ declare Trustor in default
<br /> and tv exer�ise Lender's remedies.
<br /> F�equest for Nof«e. Trustor, on behalf❑�Trustar and Lender, her�by requests that a copy of any Notice of De�Faul�
<br /> and a copy o�F any Natice o�5ale under this Deed vf Trus�k be mailed to th�m at the addresses set forth in the firs�
<br /> paragraph o��his �eed of Trust.
<br /> Attarneys' Fees; Expenses. i� Lender institutes any suit or actian �o enfiorce any ❑f the t�rms af this Deed ❑f
<br /> Trust, Lender shall be entitl�d to r��o�er such sum as the caur� may adludge reasonabie as attarneys' fees a�trial
<br /> and upon any appeal. Vllhether or not any Gour� ac-tion is in�ol�ed, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the prot�cfiion o� its
<br /> infe�est or�he enforcement o�its righ�s sha!! be�ame a part of the Indeb�edness payable�n demand and shalI bear
<br /> in�eres� a� �he Credit Agreem�nt rate from the da�e of �he �xpendi�ure un�il repaid. Expenses covered by this
<br /> paragraph include, withou� limi�ation, how��er subjec�to any limits under-applicable law, Lender's attorneys' �ees
<br /> and Lender's IegaI �xpenses, whether ar no� there is a Iaw�uit, including att�rn�ysf fees and �xpenses -For
<br /> bankruptcy pr���edings �in�luding efforts �o madify or �acat� any au�oma�ic stay ar in�unction], appeals, and any
<br /> anticipa�ed pas�-judgmen� coIlec�ion services, �he cas� of sear�hing records, �btaining titfe reports �incIuding
<br /> fore�losure reporks}� sur�eyors' reports, and appr�isaI fees, title insuran�e, and fees for the Trustee, �o �he extent
<br /> permitted by applicable law. Trus�or als❑ will pay any court�os�s, in addition to aII other sums pro�ided by law.
<br /> Righ�s o�Trustee. Trustee shall have afI of th�righ�s ar�d duties vf Lender as set for�h in this section.
<br /> PQWERS AND ❑BL��ATIONS aF TRUSTEE. The following p�-o�isians relating ta the pawers and obliga�ions ❑f Trustee
<br /> ar�part❑f this aeed of Trus�:
<br /> Powers ❑f Trustee. In addition to all powers ofi Trus�ee arising as a matter of lawt Trus���sha�! ha�e the power to
<br /> take the fallawing acttons with respec�to t�e P�operty upan the written request of Lender and Trustar: {a} S�in in
<br /> preparing and filing a map or p1a� afi the Real Propertyr in��uding �he dedica�ion of stree�s or other rights �o the
<br /> public; {b} jain in granting any �asemenf or crea�ing any �es�riction on the Real Prop�rty; and ��� lain in any
<br /> subordina�ion or❑ther agre�ment affec�ing this Deed af Trust or the interesf of Lender under this Deed of Trust.
<br /> T�rustee. Trus��e shaII mee� a1� qua�i�ications required far Trus�kee under applicable law. In addition to the rights
<br /> and remedies se� forth abo�e, with respeot fia a!! or any part ❑�the Propec--ty, the Trustee sha�i ha�e the righ� to
<br /> fo�eclose by noti�e and sale, and Lender will ha�e �he �ight t❑ fareclose by judi�iai for��losure, in either case in
<br /> accardance with and to the full ex�en�pravided by applicab�e �aw.
<br /> 5uccessor Trusfee. Lendet-, at Lender's ap�ion, may firom fime to time appoint a successo�Trusfee to any Trustee
<br /> appointed under this Deed ❑f Trus� by an instrument executed and acknowledged by Lender and recorded in the
<br /> ❑f#'ice o� �he recorder vf Hall Coun�y, State ot Nebraska. The ins�rument shaEE contain, in addition �o all ❑ther
<br /> mat�ers required by s�ate law, �he names of �he originaI Lender, T�us�ee, and Trustor� the baak and page {or
<br /> computer sys�em reference} where this Deed of T�ust is re�orded, and the name and add�ress o� the successor
<br /> trustee, and the instrument sha!! be executed a�d acl���wledged by aII�he benefiGiaries under-this Qeed of Trust or
<br /> their suc�essars in interest. The succe�sor trus�ee, withaut conveyance of the Praperty, shall succeed to all the
<br /> title, power, and dufies conferred upon the Trust�a in this Deed o�Trust and by applicable law. This procedure far
<br /> substitution �f Trus�ee shail go�ern to the exciusion Qw aII other pro�isions for substitution.
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