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2� 1 ��41 �9
<br /> DEED �F TRUST
<br /> �C�ntinued� Page 5
<br /> en�orce any o�the co�enants h�reof; and
<br /> �c� ❑eli�er to Trus�ee a written de�fa�ation of defau[t and demand for sa[e and a wri�ten notice of defau�t
<br /> and ele�tion to cause Trustor's interest in the Property ta be s��d, which notice Trustee shaf[ cause t❑ be
<br /> duly filed�or re�vrd in the appropriate o��ices af the Caunty in whi�h th� Praper�y is located; and
<br /> �dy Vllith respect to all or any part of the Persanai Proper�y, Lender shall ha�e aff the rights and remedies
<br /> of a secured par�y under the Nebraska LJni�orm Comm�rcial �ode.
<br /> Foreclvsure hy Pvwer of 5ale. If Lend�r elects to f�re�l�se by exer�ise o�the P�wer of Sale h�rein contained,
<br /> Lender shall nat�fy Trus�ee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and
<br /> su�h re�eipts and e�idence ❑f expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> {a� Upon receipt of su�h no��ce�rom Lender, Trus�ee shaf� cause t❑ be re�arded, put�lished and deli�ered
<br /> to Trus�or such Nvtice o� Default and Notice n� Sale as �hen required by law and hy this Deed of Trust.
<br /> Trustee shall, without demand on Trust�r, after such time as may then �e required !�y law and after
<br /> recordation of such Notice o� ❑efault and after Notice ❑f 5ale ha�ing b�en gi�en as re�uired by law, sell
<br /> the Property a�t �he time and piace �f sale �ixed by it in such Natice o# Sale, ei�her as a whale, or in
<br /> s�para�e Iots or par�els or items as Trusfiee shall d�em exp�dient, and in such order as it may de�ermine,
<br /> at put�lic auction t❑ the high�st bidder�or cash in lawful money o�the Uni�ed 5tates payable at�he time
<br /> ❑�F safe. Trus�ee shall deli�er ta such pur�haser or purchasers thereof its gaod and su��ici�n� deed or
<br /> d�eds con��ying the praperty so sofd, but withaut any co�enant ar warranty, express or impiied. The
<br /> re�itals in su�h d��d of any matte�s or �a�ts shali be con�lusi�e prov� Qf the truth�ulness thereo�. Any
<br /> person, including without limita�ion Trustor, Trustee, or L�nder, may purchase at such sale�
<br /> �b� As may b� permit�ed #�y law, after deducting all costs, fe�s and expenses vf Trustee and o� this
<br /> Trust, rnc�uding costs vf e�iden�e o�tit�e in connection wi�h sale, Trus�ee shall apply the prQceeds vf sale
<br /> t� payment �f ti} all sums �xp�nded under the terms ofi this Deed ❑f Trust or under the terms of the
<br /> Credit Agr��ment n�t then repaid, inc�uding but not limited to accrued interest and late charges, �ii� al�
<br /> other sums �hen secured her�by, and 4iiij the remainder, if any, ta the person or persons legally entitled
<br /> thereto.
<br /> �c� Truste� may in�he manner prv�ided by law postpone sale of all or any partion�f the Property.
<br /> Remedies Not Exclusi►►e. Truste� and Lender, and each o� them, shaff b� entitled �o en�or�� payment and
<br /> perfarmance of any €ndeb�edness or❑bligations secured by this Deed Q�Trust and to exerc�se all rights and pvwers
<br /> under this Deed of Trust, under the �redit Agreement, under any of the Related Dacuments, o� under any other
<br /> agre�men� or any iaws naw or herea�ter in force; notwithstanding, same or ail of such indebtedness and
<br /> obligations se�ured �y this Deed o�Trus� may now or hereafter be otherwise s��ured, whether by mortgage, deed
<br /> of trus�, pledge, lien, assignment❑r othe�wise. Neither�h� a�cep�ance o�F�his Deed vf Trust nor its enforcemen�,
<br /> whether by c�urt actian or pursuant to the power of sale or vther pvwers cantained in this Deed v# Trust, shali
<br /> prejudice vr in any manner affect Trustee's or Lender`s ri�h�to reali�e upvn or enfarce any o�her s�cur�ty now vr
<br /> he�eafter h�ld by Trus�ee or Lender, it being agreed that Trustee and Lender, and each of them, shall he�ntit�ed to
<br /> enforce this ❑eed ❑� Trust and any other security naw or her�a�ter held by Lender or Trustee in su�h ❑rder and
<br /> manner as they or either of them may in their ahsolute discretion determine. N❑ r�medy canferred upon �r
<br /> res�r�ed to Trustee or Lender, is in�ended t❑ be exc�us��e of any other remedy in this Deed of Trus� or by �aw
<br /> pra�id�d or permitted, bu� each shall be cumu€ati�e and shall be in addition �o ��ery other �emedy gi�en in �his
<br /> �eed afi Trust or now or her�after existing a� �aw vr in equity Qr by statute. E�ery pawer❑r remedy given �y �he
<br /> Credit Agreem�nt or any of �he Related Documents to Trustee ❑r Lender or �o wh�Gh ei�her a� �hem may ��
<br /> o�herwise entitled, may be exercised, con�urrently or independent[y, from time to time and as often as may be
<br /> deemed expedient by Trustee ❑r Lender, and ei�her af them may pursue incansistent remed�es. Na�hing in this
<br /> �eed o� Trust shall be construed as prvhibiting L�nder fram s�eking a deficiency judgment against �he Trustor to
<br /> -�he ex�ent such action is permitted by iaw.
<br /> Ele�tivn ❑f Remedies. All af Lender's rights and remedies w�l� be cumulati�e and may be exercised alone vr
<br /> toge�her. If Lender decides to spend maney or ta p�r#orm any of T�ustor's ol�ligations unde� �this Deed of Trus�,
<br /> a�ter Trustor's failure to do sv, tha� dec�s�on by Lender wi�! not affect Lender`5 right to declare Trustor in de�ault
<br /> and to exer�ise Lender's remedies.
<br /> Reques��or Nv�ice. Trustor, on behalf o�Trustvr and L�nder, hereby requests that a copy of any Notice of De�ault
<br /> and a copy of any Notice vf 5ale under�his aeed of Trus� be mailed to them at the addresses set farth in �he first
<br /> paragraph a�this Deed o�Trust.
<br /> A��orneys' Fees; Exp�nses. !f Lender institutes any suit or a�tion to �nforce any of th� terms of this Deed of
<br /> Trust, Lend�r shall be entit�ed to r�co�er such sum as the court may adjudge reasona#�le as attarn�ys' f�es at t�ia!
<br /> and upvn any appeal. Whe�he,r or not any �vurt action is in�ol�ed, and t� the extent not prvhibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opin��n ar� necessary at any time �or the protection of its
<br /> in�erest or the enforcemen�of its r�ghts shall be�ame a part of the fndebtedness payabfe an demand and sha�! bear
<br /> int�res� at the Cr�dit Agreement �a�e fram th� da�e of �he expenditure unti� repaid. Expenses ca�ered hy �his
<br /> paragraph include, without limitation, howe�er subject to any limits under applicable law, Lender's att�rneys` fees
<br /> and Lender's legal expenses, whether or not �here �s a �awsuit, including attorneys' fees and expenses for
<br /> bankruptcy proc�edings �including effor�s to modi�y or �a�ate any automa�i� s�ay or injun�t�any, appeals, and any
<br /> anticipated post-judgm�nt collec�ion ser�ices, �he cost af searching r�cards, obtaining title repvrts �in�luding
<br /> forec�osure reports}, sur�eyors' reports, and appraisal �ees, titfe insu�ance, and �ees far�he Trus�ee, to �he extent
<br /> permi��ed by applicable law. Trustar also will pay any c�urt c�sts, in addition to al! ❑�her sums pra�ided by faw.
<br /> Righ#s vf Trus�ee. Trustee shaff ha�e all of the rights and du�ies of Lender as set forth in th�s se�tion.
<br /> P�WERS AN❑ �BLIGATl�NS �F TRUSTEE. The �ollowing pro�isions reiating �v'�h� pvwers and ol�ligatians o#Trus�ee
<br /> are part of�his D�ed of Trust:
<br /> Powers of Trustee. fn addition to alf powers❑f Trustee arising as a matter v�law, Trus�ee shal� ha�e the power t❑
<br /> take the following activns with respect tv the Property upan the written reques�t of Lende� and Trustar: �a� �oin in
<br /> preparing and filing a map or pla� �� the Real Prop�rty, including the ded'€cation of s�reets or other rights to the
<br /> pub�ic; �by join in gran�ing any easement or creating any restriction on the Reai Property; and 4�f join in any
<br /> subordination ar other agreement affecting this Deed o�Trus�or�he in�er�st o�Lender under this Deed of Trust.
<br /> Trustee. Trustee shal! meet all quaii�ica�ions required #or Trustee und�r applicable law. ln additian to the righ�s
<br /> and remedies set far�h abo�e, with respect to all or any part a� the Property, the Trustee shaff ha�e the right to
<br /> �orec(ose by notice and sale, and �ender wiff hav� �he right to �oreclose by judicial �orecl�sure, �n either �ase in
<br /> accordance with and to the ful�extent pr���ded by appli�abfe iaw.
<br /> 5uccessor Trustee. Lender, at Lender's optian, may from �ime t❑ time appoint a suc�essvr Trust�e �❑ any Truste�
<br /> appornted under this Deed af Trust by an instrument execu�ed and a�knawledged by Lender and recorded �n the
<br /> o���ce of the r�cflrder af HALL Coun�y, 5tate of Nebraska. Th� ins�rument shafi contain, in add�tion to all oth�r
<br /> mat�ers r�quired by state law, the names of the orig�na! Lender, Trustee, and Trustor, the bovk and page �or
<br /> computer system reference� wher� this ❑eed o� Trust is recorded, and the name and address ❑f �he su��essor
<br /> �rustee, and the ins�rument shall be executed and a�knowiedged hy all the beneficiaries under this ❑eed ❑f Trust or
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