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2� 1 ��4235
<br /> DEED �F TRUST
<br /> Loan No: "I q129�885 �Cantinued} Page 4
<br /> Fareclosure by Power af Sale. If Lender elects tv fvreclose by exercise of the Power of Sale h�rein contained,
<br /> Lender shall noti�y Trustee and shall depasi� w�th Truste� this ❑eed af Trust and the Cr�dit Agreement and
<br /> such receipts and e�idence vf expenditures made and secured by this Deed af Trust as Trustee may require.
<br /> �a� Upon receipt vf such notice fram L�nd�r, Trustee shall cause t� �e r��arded, published and deli�er�d
<br /> tv Trustor such Notice of Defaul# and Noti�e vf Sale as then required by law and by this ❑eed of Trust,
<br /> Trustee shall, without demand ❑n Trustar, after su�h time as may then be required by law and after
<br /> recardatian vf such Notice af Default and atter N�tice of Sale �a�ing k�een gi�en as r�quired by law, sell
<br /> the Prvperty at the time and place o# sale fixed by it in su�h Notice of 5ale, either a� a whale, or in
<br /> separate lats or parcels �r items as Trustee shall deem exp�di�nt, and in such order as it may determine,
<br /> at publi� auctian tr� the highest �idder far cash in la►rv�ul maney ❑# the lJnited States payable at the time
<br /> ot sale. Trustee shall deli�er t� such pur�haser �r purchasers thereof its gaod and sufficient deed or
<br /> deeds con�eying the prope�ty sv sold, but without any �n�enant ❑r warranty, expr�ss or implied. The
<br /> re�ita�s in such deed ot any matters vr facts shali he conclusi�e pr�of vf the truthfulness therea�. Any
<br /> persvn, in�luding without limitat�an Trustvr, Trustee, or Lender, may pur�hase at such sale.
<br /> �by As may be permitted by �aw, after deducting all casts, fees and expenses of Trustee and of this
<br /> Trust, inciuding costs of e�idence �#title �n cvnnectian with sale, Trustee shall appiy the proceeds of sale
<br /> to payment ❑f �i� all sums expended under t�e terms vf this ❑e�d of Trust or under the terms of the
<br /> �redit Agreement not then repaid, including but n�t limited to accrued interest and late charges, �ii� all
<br /> other sums then secured hereby, and �iii� the remainder, if any, to th� person ar persons �egally entitled
<br /> thereta.
<br /> {�} Trustee may in the manner provided by!aw postpone sale of ali or any por�ion v�the Property.
<br /> Remedies Not Exclusi�e. Trustee and Lender, and ea�h of them, shall be entit�ed to enfarce payment and
<br /> performance ❑f any indebt�dness ar abligatians secu�ed by this Qeed o#Trust and ta ex�rcise alE rights and powers
<br /> under this Deed of Trust, under the Credit Agreement, under any of the Re#ated Dvcuments, ar under any vther
<br /> agreement or any laws naw ar hereafter +n farce; no#withstanding, svme or all of such ind�btedness and
<br /> abligations secured by this Deed v#Trust may naw ar hereafter be atherwise se�ured, whether by martgage, deed
<br /> o� trust, pledge, lien, assignment �r atherwise. Neith�r �he acceptance �f this Deed af Trust nor i�s enforcement,
<br /> whether by Cvurt actian or pursuant �o the power of sale or other pflwers contained in this Deed of Trust, shafl
<br /> prejudice ar in any manner affect Truste�'s or Lender's right to realize upan ❑r enfor�e any other se�urity now ar
<br /> hereafter held by Trustee or Lender, it k�eing agreed that Trustee and Lender, and each of them, �hall be entitled to
<br /> enfor�e this ❑eed af Trust and any other security naw or herea#ter held by Lender or Trustee in su�h ord�r and
<br /> manner as they or either vf th�m may in their absolute discretion de�ermine. No remedy confe��ed upon or
<br /> reser��d ta Truste� ar Lender, is int�nded to be exclusi�e vf any other remedy in th�s Deed of Trust or by 1aw
<br /> p�a�ided or permitted, hut each shall be cumulati�� and shall be in addition tv e�ery other remedy gi�en in this
<br /> ❑eed ❑# Trust vr now ❑r hereafter existing at law vr in equ�ty ❑r l�y statute. E�ery pawer ar remedy gi�en by the
<br /> Credit Agreement ar any vf the Related ❑ocuments ta Trustee ❑r Lender or ta which either of them may be
<br /> otherwise en�itled, may be exercised, concurrently ❑r independent�y, fram time to time and as ❑ften as may �e
<br /> deemed expedient by Trustee or Lender, and either vf them may pursue inc�nsistent remedies. Nothing in this
<br /> Deed af Trust shall be �vnstrued as prohibiting Lender trom seeking a deficiency �udgment against the Trustor to
<br /> the extent such action is permitted by law.
<br /> Eiection o� Remedi�s. All �f Lender`5 rights and remedies w��l be cumulati�e and may be exercised aione ❑r
<br /> together. If Lende� decides tv sp�nd maney �r tv perform any vf Trustar's obligativns under this Deed vf Trust,
<br /> after Trustvr's failure tv do sv, that dec�sivn by Lender vvill not affect Lender's right to declare Trustvr in default
<br /> and t❑ exercise Lender's remedies.
<br /> Request f�r Nvtice. Trustor, an behalf of Trustar and Lender, h�reby requests that a copy ❑f any Notice of Default
<br /> and a copy vf any Nati�e of Sale und�f this De�d ❑f Trust be mailed tv them at the addresses set forth �n the first
<br /> paragraph vf this Deed of Trusfi.
<br /> Attorn�ys' Fees; Expenses. ff Lender fnstitutes any suit ❑r a�tivn to enfarce any of the terms vf rhis Deed ❑f
<br /> Trust, Lender shall be entitled t� r�co�e� such sum as the court may ad�udge reasonable as attarneys' fees at tria�
<br /> and upon any appeal. Whether or n�t any court actian is in�al�ed, and to the extenr nat prahibited by �aw, a��
<br /> reas�nable expenses Lender incurs that in Lender's apini�n are necessary at any t�me far the pratectian of its
<br /> in�er�st�r the enforc�ment af its rights shall become a part af the Indebtedness payabfe ❑n demand and shal! bear
<br /> inter�st at the Credit Agreement ra�te frvm the date af the �xpend+�ure until repaid. Expenses co�ered by this
<br /> paragraph include, without limi#ation, howe�er subject t❑ any limits unde� applicable iaw, Lender's attorneys' fees
<br /> and Lender's legal expenses, whether or not there is a lawsuit, including a#torneys' fees and expenses for
<br /> bankruptcy proceedings �inc�uding efforts t❑ modi�y or Wacate any autamatic stay o� injunctionf, appeals, and any
<br /> anticipated post-judgment collection ser�i�es, the cost af searching recards, ❑btaining title reports {including
<br /> fvr�Glasure repartsy, sur�eyors' reports, and appraisal fees, tit[e insurance, and fees for the Trustee, ta the extent
<br /> permitt�d by appli�able law. Trustar a�s�will pay any�vurt�osts, in addition to all ather sums pra�ided hy iaw.
<br /> MISCELLANEDUS PRaV151�N�. The tollowing misc�llaneous pro�isions are a part of this aeed af Trust:
<br /> Go�erning Law. Th�s Deed of Trust will be go�erned by federal law applicabEe to Lender and, ta the exten# not
<br /> preempted hy federal law,the iaws of th�State of Nebraska withvut regard to its cunfl'rcts vf law pro�isions. This
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