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2� 1 ��43�3 DEED C3F TRUST Loan No: 'I�1�93957 ��ontinu�d� Page 4 enfvrce any of the co�enants hereof; and {�y ❑ef��er t❑ Trustee a written declarati�n of defaul# and demand for sale and a written notice of default and election tv cause Trustor's interest in the Property t❑ b� sald, which notice Trust�e shai! Gause to he duly f�ied far record in the appropriate ❑ffices a�the County in which the Praper�y is located; and �d� With respect t� all ar any part ❑f the Personai Property, Lender shall ha�e all th� rights and remedies af a se�ured party und�r the Nebraska Unifvrm Cvmmercial Code. Foreclasure by Power of 5ale. If Lend�r elects ta f�r�close by exercise af�he Pow�r vf Saie herein contained, Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Cred+t Agreemen� and such re�eipts and e�idence of expenditures made and secured by this �eed of Trust as Trustee may require. �a� LJpvn receipt of such natice from Lender, Tt�ustee shail cause to be recarded, pub�Eshed and deli�ered to Trustor such Notice of Default and Nvtice ❑# Sale as then required by law and by this Deed of Trust. Trust�e shall, without d�mand ❑n Trustor, after suGh tim� as may then be required by iaw and after recordation ❑f such Natice af Default and after Notice of Sale ha�ing b�en gi�en as required by law, sell the Pr�perty at the time and place ❑# saie fix�d by it in such Noti�e ❑f Safe, either as a whale, ❑� in separate �ats ar parcels or items as Trustee sha11 deem expedient, and in such arder as it may determine, at pub�F� au�tion to the highest bidder fnr cash �n lawful money of the United Stat�s payable at the time of safe. Trustee shall deli�er t❑ such pur�haser ❑r purchasers thereof its good and suffi�'tent d�ed or deeds cvn�eying th� property so sold, but without any co�enant ar warranty, express or implied. Th� recitals in such deed of any matters or facts shal� be canclusi�e praaf of the truthfulness th�reaf. Any pers�n, includFng without limitation Trustor, Trustee, or Lender, may purchase at such sale. �b� As may b� permitted by law, after dedu�ting all cvsts, f�es and expenses of Trustee and ❑f this Trust, including costs of e�idence af tit�e in c�nne�tEon with sale, Trustee sha�� apply the pro�eeds ❑f sal� to payment �f �i� a�i sums expended under the terms of this Deed of Trust ar under the terms of the Credit Agreement nat then repaid, incfuding but nat �imited ta accrued interest and {ate charges, [ii� all ❑th�r sums then secured hereby, and �iii} the remainder, if any, ta the person or persans I�gally entitled thereto. �cy Trustee may in the manner pra�ided by law pastpone sale af all or any portion af th� Praperty. Remedies Nat Exclusi�e. Trustee and Lender, and each of them, shall be entitled to �nforce payment and perf�rmance of any indebtedness ar obligations secured by this aeed �f Trust and to exercise all rights and powers under this Deed ❑f Trust, und�r the �red�t Agreemen�, under any of the Related Documents, ❑r under any other agreement ❑r any laws now a� herea#ter in force; notwithstanding, s�m� ❑r all o� such indebtedness and obl�gatiflns secured by this �eed of Trust may now ar herea�rter be ❑therwise secur�d, whether by mortgage, deed ❑f trust, pledge, iien, assignment or ❑th�rwise. Neither the acceptanc� ❑f th�s ❑eed of Trust nor its enforcement, whether by court action nr pursuant t❑ the pawer of sale or ❑ther pawers c�ntained in this Deed ❑f Trust, shall prejudice or in any manner affect Trustee's �r Lender's righ� ta realize upon or enforce any other security now or hereafter held hy Trustee ❑r Lender, it being agreed tha�Trustee and Lender, and each vf them, shafl be entitl�d ta enforce this aeed �f Trust and any a�her se�urity now ❑r her�after held by Lender or Trus�ee En such �rder and manner as they or either vf them may in their absalute discretion determine. No remedy conferred upon ar reser�ed to Trustee or Lend�r, is intended to be excfusi�e of any �ther remedy in this Deed of Trust or by law pro�ided vr permitted, but each shall be cumulati�e and shalf be in additian to e�ery other remedy gi�en in this Deed o� Trust or now vr hereafter existing at �aw or in equity or by s�a�ut�. E�ery power ❑r remedy g��en by th� CredEt Agreement or any ❑f the Related Dacuments t❑ Trustee ❑r Lender nr t❑ whi�h either af them may be otherwise entitled, may be exercised, con�urrentiy �r independently, from time t❑ time and as o�ten as may �e deemed expedient �y Trustee or L�nder, and either a� them may pursue inconsistent remedies. Nathing in this �eed of Trust shall be construed as prohibiting Lender from seeking a defi�iency judgment against th� Trustor to the extent su�h actian is permitted by law. Election vf R�msdies. All of Lender's rights and remedies will be cumulat't�e and may be exercised a�ane or together. If Lende� decides t❑ spend money or to perform any of Trustvr's obligations under this Deed a# Trust, after Trustor's failure to do so, that decision by Lender wi�l not affect Lender's right t❑ de�lare Trustor in default and to exer��se Lender's r�m�dies. Request for Nvtice. Trustvr, vn behalf❑f Trustor and Lend�r, herehy requests that a �apy of any Nati�e ❑f Default and a copy of any N�tice �f Sale under this D�ed of Trust he mailed tv them at the addresses set forth in the �irst paragraph o�this ❑eed �f Trust. Attarneys' Fees: Expenses. !f Lender institutes any suit or activn ta enfor�e any of the terms ❑� this Deed af Trust, Lender shall �� enti�led to reco�er su�h sum as th� �ourt may adjudge reasona�le as attorneys' fees at trial and upon any appeal. Whether or nat any court actian is in�o��ed, and t❑ th� extent n�t prohibited by law, aif reasonable expenses Lender incurs that in Lender's opinion ar� necessary at any time #or the protection of its interest vr the enforcemen�❑f its rights shaii became a part of th� Indebtedness payable on demand and shall bear interest a� the Credit Agreement rate from the date af the expenditure untif repaid. Expenses co�ered by this paragraph include, withvut limitativn, howe�er subject tv any �imits under applicable law, Lender's attorneys' fees and L�nder's lega� expenses, whether ❑r nat there is a lawsuit, including attorneys` fees and expenses f�r bankruptcy prviceedings �including efforts to madify or �a�ate any automatic stay or anjunc�iony, appeals, and any