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2� 1 ��4735 DEED DF TRUST {C�Cltirlu�d} Page 5 and elecfion t❑ cause Trus�or's interest in�he Property to be sold, which no�ice Trustee shail cause to be duIy filed tvr record in the appr`op�iats offices❑f the County in which�he Pr-operty is located; and �d� With t'espect to a�l ❑r any part of the Pe�-sanaI Proper-�y, Lender shaII ha�e a�!the �igh�s and remedies of a secut�ed party under-the Nebraska Unifo�m Cotrimerc�aI Code. Farec[osure by Power of Sale. I�Lender elects to forecIose by exer�ise of�he Power of Sale herein can-tained, Lender shaii natify Trustee and sha�i deposit wi�h Trustee �his Deed ofi Trust and �the Credi�Ag�eement and such �eceip�s and erridence of expend�tut-es made and se�u�ed by this ❑eed of T�ust as Truste�may require, {a} llpon receipf of such notice�rom Lenderr T�ustee sha�� ause to be �-ecorded� pub�ished and deIi�ered to Trustor such No�ice of Default and Notice o� Sale as�hen required by law and by this Deed of Trus�. Trustee shaii, wi�hou� demand on Trus�ar, af-�er such �ime as may then be required by law and after �recarda�ion o�such Notice o�Default and after Notice ❑�Sale having been gi�en as requ�red by law, sell the Proper�y at the time and pIace ❑f sale �ixed by �t in such Na�ice of 5ale, ex�her as a whoie, ❑r in separate �ots or parceIs or i�ems as Trustee sha[I deem expedient, and in such order as it may de�ermine, at public auction�❑ the highest bidder for cash in lawful maney ❑fi the United States payable at�he�ime vf sa[e. Trustee shail deIiver to such purchaser or pur�hasers thereof i�s gavd and sufficient deed or deeds con�eying the property so soId, but wi�hvu� any ca�enan� or warranty, express or implied, The �eci�als in such deed of any matters ar facts shall be �onclusi�e prov� of�he�ruthfuIness thereof. Any person, inc�uding without Iimifiation Trustor,Trustee, vt-Lender, may pu�-chase at such saIe, �b) ,qs may be permitted by iaw, a�F�ter deducting al� cos�s, �ees and expenses of Trus�ee and vf fhis Tru�t, including costs of e�idence of��tle in con�ectivn with sale,Trustee sha�� apply th� proceeds of sale t❑ payment o� {ij aII sums expended under the �erms of�his �eed of T�ust or under �he terms af �he Credi�agreement not then repaid, �ncluding but not Iimited �o accrued interest and la�e cl�arges, �ii} a!l other sums�hen secured hereby, and �iii} �he r�mainder, i�any,to the person ❑r persons IegaIIy enti�Ied fheretn, �c� Trustee may in the manner pra�ided by law pos�p�ne sale o�aII ot�any portion of the Property. Remedies I�ot Excluslve. Trust�e and Lender, and ea�h o� them, shall be enti�led to enforce payment and per��rman�e of any indebtedness or obligations secured by this Deed ❑f Trus�and to exercise aII rights and powers under�his Deed ❑f Trus�, under the Credit Agreement, under any vf fhe Rela�ed Documen�s, or under any o�he� ag�-eemen� or any laws now or her-eafter in force; notwi�hstanding� some ar aIi o� such indebtedness and vb�igations secured by�his Deed ❑f Trust may now ❑r he�-eafter be ❑-�herwise secured, whe�her hy mortgage, d�ed of�rus�, pledge, Iien, assignment or❑therwise, Neither the acceptance o�F this ❑eed af Trust nar i�s enforcement, whethe� by �ourt ac�ion ❑r pursuan�t❑ �he power ot sale ❑r o�he� powers canfained in this Deed o�Trus�� sha!! prejud�ce or in any manner affec�Trustee's or Lender's righ�to realize upon o�-enforce any o�her secur�ty now ❑� hereafte�held by Trustee or Lender, it being agreed�ha�Truste�and Lender, and each ❑f�hem, shaCl be en�i�led to enforc� �his Deed of Trust and any othet-security now ❑r hereafter held by_Lender or T�'ustee in such order- and manner as �hey or eithe� of them may in their absolute discretzon defiermine. N❑ remedy conferred upon or reser�ed to Trus�ee or Lender, is in�tended to be exclusi�� of any other remedy in this �eed of Trus� or by iaw pro��d�d ar- pe�mit-�ed, bu� each sha�l be Gumulati�e and shaII be in addition to e�ery other remedy gi�en in this Deed o#Trust or now or h�reafzer exist"rng at law or in equity ar by sfa�u�e. E�ery power❑r remedy gi�en by the Credi� Agreement or any o� the Related Documents to T�ustee or Lender or �o which either of �hem may be o�herwise en�i��ed{ may be exer�ised, con�urrentIy o� independentIy, f�om time t❑ time and as often as may be d��med e�tpedien� hy T�-us�ee or Lender, and ei-�her ofi them may pursue incansis�ent remedies. Nathing in ��is Deed af Trus�shalE be constru�d as prvhi�iting Lender from seeking a de�i�iency judgment against th� Trus�or t❑ �he exten�such acfion is pe�mitted by law, . " EIection ❑f Remedies, AII of Lend�r's righ�s and rem�dies wilI be cumuIative and may be exercised alone ar tagether, ifi L�nder decides�o spend money or to perform any o�Trus�ar's abiigations under this ❑eed af Trust, after Trustor's fiailut�e to do so, tha� decision by Lender w�1� nat affect Lender's right�a declare Trustor in defauIt and to exercise Lend�r's remedies. Request for Notice. Trus�tor, on behal�af Trusfor and Lender, hereby requests that a copy of any Notice ❑�DefauIt and a copy o�any Notxce af SaIe under this Deed of Trust b� mailed to them at�he addresses�e�forth zn the�xr�t paragraph a�this De�d of T�ust, At�orneys' Fees; Expenses. �� Lender insfi�utes any su;� or actxon to enforce any ❑f the terms of this Deed ❑f Trus�r Lendet�shall be entitled to recv�er such sum as the court may adjudge �easonable as at�orneys' fees at t�iai and upon any appeaI, Whether or not any caurt acfivn is in�ol�ed, and to the extent not pr-ohibified by law, all reasonable expenses Lender incurs that in Lender's opinion are necessar�y at any time �or the protection ❑f its interest or the enfiorcemen�o�i�s �-ights shall become a part o�the Inde�tedness payable on demand and shaii bear �n��res� a� the �redit Agreemen� ra�e f�am the date of the expenditure unti! repa�d, Expenses covered by this paragraph include� wi�hout limita�'ronr howe�er subje��to any Iimits under appIicable law, Lende�-'s attorneys' fees and Lender's legal expenses, whe�her ar not there "rs a iawsui�, including atta�neys' -Fees and expenses far bankrupt�y proceedings �includ�ng efforts to modi�y ❑r vaca�� any automatic stay o�injunction}� appeals, and any anticipated post judgmen� collec�ion seivices, the cost o� searching records� o1��aining �i�Ie reparts �including forecIasure reports}r sur�eyors' reports� and appraisa� f�es, title insurance, and fees for the Trus�ee, to �he extent permitted by applicable law. Trustor aiso will pay any court cos�s, in addi�ion ta all o�ther sums p�orrided by jaw. Rights af Trus�ea. Trustee sha�I have all of�he rights and duties of Lender as se�forth in this sect'ron. P�WERS AND 4BLIGAT��11iS �F TRUSTEE. The following prv�is�ons rela�ing t❑the pvwers and ❑bI�gations ❑f Trustee are part of this Deed af Trust; Powers vf Trustee. In addi�tion to all pow�rs of Trustee arising as a matter of�aw,Trustee shaIl have the pawer t❑ take the following actions with respec��o�he Praperty upon the written request of Lende�and Trus�or: �a��oin in preparing and �iling a map ar pla� of�he Rea� P�operty� inc�uding �he dedica�ivn ❑f streets o� o�her righ�s to the pubIic; �h} �oin in granting any easemen� or creating any restri�tion on �he Real Property; and {c� �oin in any subordination or o�her agreement affecting�his [7eed ot Trust vr�he inte�est o�Lender under this Deed nf Trust. Trustee. Trus�ee shall meefi alf quaIifications required �or Trustee under app�icabie Iaw, �n addi�ian to the rights and remedies se�fior-�h aborre, with respec�to all ar any part of the Property, the Trus��e shali have the right to fareclose by notice and sa�e, and Lende�- will ha�e the right to �ot�eclase by judicial farecjosure, in either case in accordance with and t��he fuli ex�ent pro�ided hy applicable�aw. Successvr`Trusfiea. Lender, at Lender`s op�ion� may from time t❑time appoint a successar Trustee�o any Trustee appoin�ed under this Deed of Tr�ust by an instrument executed and a�knowledged by Lender and recorded in �he offi�e of the �ecarder af HaII County, Sta�e af Nebraska. The instrumen� shall con�ain, in additian to ali ❑ther mat�ers required by state law, the names of the original Lende�� T�us-teer and Trustor, �h� book and page �ar computer system re�ference} where this Deed of T�'ust is re�orded, and the name and addre�s af the successor trustee, and�he ins�rument shall be execu�ed and acknowledged by all�he beneficiaries under this Deed of Trust❑r �hei�successars in in�erest. The successor trustee, without con�eyance of the Praperty, shall succeed t❑ a�� the titier power, and duties conferred upon the Trustee in this Deed ❑f Trust and by appiicabje law. This p�ocedure for subs�itution of Trus�ee shali go�ern�o�he exclusian of ali ather pro��sians far substi�utian.