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2� 1 ��5154
<br /> �EE� C]F T'RUST
<br /> �Continued� Page �
<br /> RIGHTS AND REMEDlES QN DEFAULT. I�an E�en�of Defau��accurs under this Deed of Trust, at any time�herea�te�,
<br /> Trustee or Lender may ex�rcise any one or more of�he fal�awing rights and remedies:
<br /> Accele�ati�n Upon Default; Add�tiona� Remedies, lf any Event o�❑efault occurs as per the�erms of the Credit
<br /> Agreement secured hereby, Lender may de�lare all �ndebtedness secured by this Deed of Trust t� be due and
<br /> �ayable and �he same shaf! thereupon become due and payable without any presentment, demand, p�otest or
<br /> notice of any kind. Thereaf#er, Lender may:
<br /> �a} Either in person �r by agent, with or wi�hout bringing any action or proc�eding, ❑r by a rece��er
<br /> appointed by a cour� and withaut regard �o the adequacy af its security, enter upon and �ake poss�ssion
<br /> of the Prope�y, or any part thereof, in its own name or in the name of Trus�ee, and d�any acts which it
<br /> deems necessary ar desirabl��� preserve the value, marke�ability or rentabi�ity a��he Praperty, or part of
<br /> the Prape�y or in�e�est in the Proper�y; increase the incame from the Pr�perty or pratect the security o�
<br /> �he Property; and, with or without taking passession of the P�oper�y, sue �or or otherwise �o�iect the
<br /> rents, issues and profits of the Pr�per�y, including �hose pas� due and unpaid, and apply the sam�, iess
<br /> costs and expenses of operatian and�o�lection attorneys'fees, to any indeb�edness se�ured by�his Deed
<br /> of Trust, all in such order as Lender may determine. Th� enter�ng upan and taking possessiorr o��he
<br /> Prope�ty, �he �olfection of such rents, issues and pro�its, and the appf�cation thereof shall not cure or
<br /> wai�e any default or no�ice of defaul� und��this Deed af Trust or invalidate any act dvne in response�o
<br /> such default or pursuant to such notice of de�ault; and, natwi�hstanding the con�inuance�n possession of
<br /> the Proper�y or the collection, receip� and applicatian of rents, �ssues or pro�i�s, Trus�ee or Lender shal�
<br /> b� en�it�ed fo exercise e�ery righf pro�ided #or in the �redit Agreement or the Related ❑ocumen�s or by
<br /> law upan the accurrence of any event o�defaul�, incfuding the righ��o exercise�he power of sale;
<br /> tb} �ommence an ac��on to fore�lose�his Deed o�Trus�as a mortgage, appoint a receiver or speci��calfy
<br /> enfar�e any of th�covenan�s hereof; and
<br /> �c} Deliver�o Trustee a wri�ten declaratio� of default and demand for sale and a w�it�en notice af d�fauft
<br /> and elect+on ta cause Trusto�'s �nterest in �he Property to be sold,which no�ice Trustee shall �ause to be
<br /> dufy fi�ed for record in�he apprapriate offices of the Coun�y in whiGh th�Prope�ky is loca�ed; and
<br /> �d} With resp�ct to all or any part o�the Persona! Prflperky, Lende�shal� hav�a�l the rights and remedies
<br /> of a secured parky under�he Nebraska Uniform Commerc�al�od�.
<br /> � Foreclosure by Power of Sale. I�F Lender elects#o foreclose by ex�rcise of the Power af Sale herein contained,
<br /> Lender shal[ no�ify Trustee and shall depasit with Trustee this Deed of Trust and the Credit Agreement and
<br /> such �eceipts and evidence of expenditures made and se�ured by�his Deed o'�Trus�as Trustee may require.
<br /> �a} Up�n receip�of such notice�rom Lender, Trustee sha[I cause to be recorded, published and delivered
<br /> to T�ustor such Notice o�De�ault and No�ice ❑f Sale as then required by law and by this aeed of Trust.
<br /> Trus�ee shall, withou� demand on Trustor, a��er such time as may #hen be required by law and a��er
<br /> recordation o�such Notice a�De�Fauf� and after Notice ot Sale having been gi�en as required by law, sefl
<br /> the Property a� the time and place of sa�e fix�:d by it in su�h No�iee flf Sale, either as a whale, or in
<br /> separa�e lots or parcels or i�ems as Trus��e shall deem expedient, and in such order as i�may determine,
<br /> at public auction to the highest bi�der for�ash in law�ul money of the LJnited States payable a�the time
<br /> o� sale. Trus�ee shal� deli�er to such purchaser ar purchasers th�r�of i�s good and suffici�nt deed or
<br /> deeds conveying �he prop�r�y so sa�d, but withouf any Ga��nan� or war�rarr�y, express or imp�ied. The
<br /> recE�afs in such deed of any mat�ers or facts shal� he conclusi�e proo�of the truthfulness thereof. Any
<br /> person, including without limi�atian Trustor,Trustee, or Lender, may purchase a�such sale.
<br /> �b} As may be permi�ted by faw, after d�duct�ng a�l cas�s, fees and expenses of Trustee and of this
<br /> Trus�, including �os#s of evidence of t��le in connectian with sale,Trus�ee sha�l apply�he proceeds of sale
<br /> to payment o� �i} all sums expended under�he �erms of this De�d ❑�Trus� or under �he terms of the
<br /> Credit Agreement not then repaid, inc�uding but not lim�ted ta ac�rued in��rest and late �harges, �ii} ali
<br /> other sums�hen s�cured hereby, and �iii} th� remainder, i�any, �a the persan or persons legal�y en#itled
<br /> ther�to.
<br /> (c} Trustee may in the manner pro�ided hy 1aw postpor�e sale of alf or any par�ion of�he Property,
<br /> R�medies Nat Exc�usive. Trus�ee and Lender, and each of th�m, shall be en�i�led �o enforce paymen� and
<br /> pertormance of any indebtedness or��ligat�ons se�ured by this Deed ofi Trus�and to exercise al{ rights and powers
<br /> under this Deed of Trust, under the Cr�dit Agreement, under any of the Related Documents, or under any ather
<br /> agreement �r any �aws now or hereafter in farc�; notwithstanding, some ❑r all a� such indebtedness and
<br /> . ahliga�ions secured by�his Deed of Trust may n�w ar hereafter be otherwise secured, whe�her by morkgage, deed
<br /> ��trus�i pfedge, lien, assignment❑r❑thenlvise. Nei�her the accep�ance of this Deed a�Trust nor i�s en�arcement,
<br /> whether by court ac�ion or pursuant �o #he power a�sale �r other pawers c�ntained in this ❑eed of Trus�, sha�l
<br /> prejudice or in any manner affect Trustee's or Lender's righ��o rea�ize upon o�enfaree any a�h�r se�urity now ar
<br /> hereaf�er held by Trustee or Lender, i�being agreed that Trustee and Lender, and ea�h a�them, shall be entitled ta
<br /> enforce this Deed of Trus� and any ather securi�y naw or herea�#er held by Lender or Truste� in such orde� and
<br /> manner as they or either o� them may in their absolute dis�re�ion determine. Na remedy conferred upan or
<br /> reserved to Trus�ee or Lender, is intended to be exc�usive of any oth�r remedy in this De�d o�Trus� or by faw
<br /> p�ovided or permitted, bu� each sha�� be cumulati�e and shalf be �n addition to every o�h�r remedy given in this
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