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2� 1 ��5444
<br /> DEED �F T�UST
<br /> 4��ntirlu�d} �age 5
<br /> of Trust, all in such arder as Lender may determine. The entering upon and �ak�ng pvssessivn of the
<br /> Proper�y, the �ollectivn vf su�h r�nts, issues and p�afits, and the appli�ation thereof shafi nvt cure or
<br /> wai�e any de�ault or nvtice af d�fault under this Deed of Trust vr invalidate any act done in response to
<br /> suc�default or pursuant to such nv�ice of default;and,�vtwithstanding the can�inuance in possessian vf
<br /> the PraperCy ar the call�+�tion, receipt and appl�cation v�rents, issues vr profits, Trustee or Lender shall
<br /> be entitled to exerase e�ery right pro�ided fvr in thE Credit Agreement ar the Re�ated Dacuments or by
<br /> law upor�the�vcurrence of any e�ent of de�ault,induding the right tp exercise the pvwer vf sale;
<br /> �b} Co�urienae an action#o�'orecln�e this C�eed vf Trust as a mortgage,appvint a reaeiver ar sp�cifca�ly
<br /> enforce any vf the oa�enants hereaf;and
<br /> �c} Deliver to Trustee a written de�laratian of default and demand far sale and a written notice o#de�ault
<br /> and electic�n to cause Trustvr's interest�n#he Property#o be so�d,which nvtioe Trustee shall cause�o be
<br /> duly filed for r�cord in the appropriate offices of the County in which the Praperty is Ic�ated;and
<br /> �d} With respect to a�l or any part of the Personal Prnpsrly,Lender shall ha�e all the rights and remedies
<br /> of a secured party under the Nebraska Un��orm�ommercial Code.
<br /> Fareclosure by Pnwer of SaEe. If Lender eiects to fareclose by exer�i�e of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall de�sit with Trustee thss �Deec�o�Trust and th��redit Ag�eement and
<br /> such reoeipts and e�idenoe of expenditures made and secured by this D�ed af Trust aS Trustee may require.
<br /> (a� Upan receipt vf such notice fram�ender,Trustee shal4 r,a�us�ta be reoarded,published and deli�ereci
<br /> tv Trustvr such Notice of Defau�t and Notioe vf Sale as then required by law and by this Deed af Trust.
<br /> Tn.�stee shall, r►vithout demand vn Trustor�, aft�r such time as may th�n he requ�red by law and after
<br /> revordativn ot such Natice of Default and after Notice of S�le ha�ing been gi�en as required by law, sell
<br /> the Prvperty a� the t�me and pfaae vf sale fixed k�y it in such Notice of Sale, either as a whvle, vr in
<br /> separate lats ar parcels or i�ems as Trustee shall deem expedient,and in such order as it may de�ermine,
<br /> at public auction to the highest bidder fvr cash in lawfu! maney ofi the Uni#ed States payable at the time
<br /> af sale. Trustee shall delive�tv such purchaser c�-purchasers therevf its govd anc# sufficient deed or
<br /> deeds can�eying the property so sold, but withvut any ca�enant vr warranty, express or implied. The
<br /> recitals in such dee�i vf any matters vr facts shall be c�vndusive proaf vf the truthfulness thereo�. Any
<br /> perscan,induding without limitativn Trustor,Trt�stee,ar Lender,may purchase at such sale. .
<br /> �!�} As may be permitted by law, after deducting a!I casts, fees and expenses of T�us�e� and vf this
<br /> Trust, including costs of e�idenoe o�'title in c.�nnection with sale,Trustee shall apply the prooeeds vf sale
<br /> to payment vf �i� all sums expended und�r the terms of this Deed vf Trust or under the terms of the
<br /> Credit Agreement not then repaid, including#�ut not limited tv ac�crued int�res#and late charges, �ii} all
<br /> vther sums then secured hereby, and (iii}the remainder, if any, #o the persan or persons legalfy entitled
<br /> t'hereto.
<br /> (c} Trust�e may in the manner pro�ided by law postpvne sale of al�ar any p�rtion of the Praperty.
<br /> Remed�es Not Exclusi�e. Trustee and Lende�, and each af #hem, shall be enti#!ed tv enfarce payment and
<br /> performance�f any indebtedness or nbligations secured by this Deed vf Trust and to �xer�ise all rights and powers
<br /> und�r this Deed vf Trust, under the Credit Agreemsnt, under any of the Related Documents, ar under any❑th�r
<br /> agreem�nt or any laws naw vr her�after in fvrce; natwith�tanding, some or al� of such indebtedness and
<br /> obiigatians s�cured by this Deed af Trust may nvw or hereafter be atherwise secured, whether by m�rtgage, deed
<br /> of trust, pledge, lien, assignment o�'�therwise. Neither the acGeptance of this C]eed vf Trust na�its enforcement,
<br /> whether by court acti�n ar pursuant t4 the pvwe� vf s�le or other pawers c�nta�ned in this D�ed of Trust, shall
<br /> prejudic�ar in any manner affect Trustee's ar Lender's right t❑ realize upon or enfarce any ather security now or
<br /> hereafter held by Trustee or Lender, it being agreed that Trustee and Lender,and each o€them,Shall be entitled to
<br /> enforce #his C]eed c�f Trust and any other security now or hereafter held by Lender or Trus�ee in such vrder and
<br /> manner as they or either vf them may in their absoiute d�scre#ion determine. Nv reme�y conferred upon or
<br /> r�served �o Trustee v� Lende�, is int�nded kv be exclusi�e vf any other remedy in �his Deed af Trus# or by law
<br /> pro��ded or permit�ed, but each shall be cumulati�e and shal! be in addition to every other remedy given in this
<br /> Deed af Trust vr naw vr hereafter exis�ing at�aw o�in equity v�hy statute. Eve�y power o�remedy given by the
<br /> Credit Agreement or any of the Rela��d Do�uments to Trustee or Lender vr ta which e�ther af them may be
<br /> otherwise entitled, may be exercis�d, cancurrently or independently, from time to time and as often as may be
<br /> deemed expedien� by Trustee or Lender, and either of#hem may pursue inconsistent remedies. Nathing in this
<br /> Deed of Trust sha!! be construed as prohibiting Lender frvm seeking a defi�iency jud�m�nt against the Trustor to
<br /> th�extent such a�tion is permi#ted by law.
<br /> Efect�on t�f Remedies. A�� of Lender's rights and remedies will be cumufati�e and may be exercised alone or
<br /> tvgether. 1fi Lender deades tv spend mvney ar tv perFvrm any of Trustvr's obligativns under this Deed af Trust,
<br /> after Trustar's failure to da sv, that decision by Lender wiil nvt affect Lender's right tv declare Trustor in defauf#
<br /> and t�exerase L�nde�'s�emgdies.
<br /> Request�or Notice. Trustor, on behalf at Trustvr and Lender, hereby requests tha#a capy of any Natice vf Default
<br /> an�f a�vpy of any Notice af Sale unde�this Deed of Trust be mailed to them a#the addresses set forth in the first
<br /> paragraph of th is Deed o�Tru st.
<br /> Att41"fi@]15� Fees; Expens�s. If Lender institutes any suit or activn tv enfvroe any of th� terms vf this Deed of
<br /> Trust, Lender shal! be entitied ta reoo�er such sum as the c�urt may adjudge reasanable as attorneys'fe�s at trial
<br /> and uQon any appea�. 1M�e�her v� not any co�rt action is involWed, and to the extent r�at prahibited hy iaw, a?I
<br /> reasonable expenses Lende� incurs tha� in Lender's vpinion are necessary at any time for the prvtectian of its
<br /> interest or�he enfor�ement of its rights shall beoome a part of#he lnde#atedness payable an dema�nci and shall bear
<br /> interest at the �redit Agreem�ent rate from the dat� of the expendifure until repaid. Expenses ov�er� by #his
<br /> paragraph inc�ude, without�imitatic�n, hvwe�er subject tv any limits under applicable law, Lender�s att�rnsys'f�es
<br /> and Lender�s legai expenses, whether nr not there is a lawsuit, including attorn�ys' fees and expenses fvr
<br /> bankrup��y prx�ed�ngs�including efforts to madify or�acate any automatic stay v�injunction}, appeals, and any
<br /> an�scipat�d post�ud�ment �a�lectivn servic�s, the cost c�f searc�ing recvrds, vbtain�ng t�tle reparts �including
<br /> foreclvsure repvrts}, 5LlNB]I�I'S' repvrts, and appraisal f�es, title insurance, and fees far the Trustee, #a the extent
<br /> permftted by a�ap�icable law. Trustar alsa will pay any cvurt casts,in addi�vn to a!l other sums pro�ided by law.
<br /> Rights of Trustes. Trustee shail ha�e a!I af the righ#s and duties a�Lender as set forth in#hi�sectivn.
<br /> PUWERS AND QBLI�ATI�NS�F T�tUSTEE. The following p�ovisions relating ta the pawers and vbligations o�f Trustee
<br /> are part af this�]eed flf Trust:
<br /> Pawers of Trustee. In additian to a�l pawers of Trustee arising as a matter of law, Trustee shall ha�e the power tv
<br /> take the follow�ng ac#ians with resp�ct�o the t'raperty upon the written request af Lender and Trustor: {a}jvin in
<br /> preparing and fling a map vr plat of the Rea# property, inciuding the dedication of streets or other rights to the
<br /> public; {b} jvin in granting any easement vr creating any restrictivn on the Rea� Property; and 4�} jain in any
<br /> su���dinat�nn or other agreement affecting this De�d of Trust or the i�terest of Lendsr under th�s Deed a�Trust.
<br /> Trus#ee. Trustee shal� meet all qualifications required for Trustee under appli�at�le law. In addition tv the rights
<br /> and remedies set�ort� a�ave, with respec#ta a�l c�r any part of the Praperty, the Trustee shall ha�e the right to
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