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2� 1 ���� 1 �
<br /> �EEa �F TRU�T
<br /> ��ontinued} Page �
<br /> �e en�i��ed to exercise every right pro�ided for in the �redi�Agreement or the Rela�ed ❑ocum�nts or by
<br /> law upon�he occurrence of any e�ent of default, including the right to exercise the power of sale;
<br /> �b} Commence an ac�ion to forec�ose this ❑eed of Trus� as a mar�gage, appaint a recei�e�vr specifcal�y
<br /> enforce any of the co�enan�s hereaf; and
<br /> �c} Deli�er to Trustee a writt�n decfaration of default and demand for sa�e and a written notice af default
<br /> and election �o cause Trus�or's inte�est�n th� Property tv be so�d, which notice Trustee shafl cause to b�
<br /> duly filed far record in th�appro�riate affices of the County in which the Proper�y is focated; and
<br /> �d} Wifh respec�to all or any part�f the Personal Property, L�nder shall have all the rights and remedies
<br /> of a secured party under th� N�braska Uniform Commercia� Gode.
<br /> Fvreclosure by Pawer of Sale. I�Lender�lec�s to foreclase by exercise of�he Power of Sale herein �on�ained,
<br /> Lender sha�l notify Trustee and shafl depasit wi�h T�us�ee this ❑e�d of Trust and the �redit Agreement and
<br /> such receipts and evidence of expenditures made and se�ured by this Deed of Trus�as Trus�ee may require.
<br /> �a} Upon receip�of such notice from Lender, Trustee shafl cause to be recarded, pub�ished and de�ive�ed
<br /> to Trustor such Na�iee of Default and Nat�ce of 5ale as then required by law and by this Deed of Trus�.
<br /> Trustee sha�l, w�thou# demand on Trustor, af�er such �ime as may then be �equired by ��w and after
<br /> recordatinn of such Notice of Default and aft�r Notice a�Sa�e ha�ing been gi�en as required �y 1aw, sell
<br /> the Praperty at �he �ime and p[ace af safe fixed by it in such Notice vf Safe, either as a whole, or in
<br /> separate io�s or parcefs or items as Trustee shafl deem expedient, and �n such orde�as it may determir�e,
<br /> at publ��auction t� the highes� bidder far cash in �aw�ul money of the �nited States payable at the time
<br /> o� saEe. Trustee shall deli�er ta such purchaser o� purchasers thereof i�s good and su�ficient d�ed �r
<br /> dee�s con�eying �he proper�y so sold, but without any co�enant or warranty, express or implied. The
<br /> reci�als in such deed o�any ma�te�s or fact� shafl be conclusive proaf of the truth�ulness thereo�. Any
<br /> persan, inc�uding without limi�ation Trustor, Trustee, or Lende�-, may pu�chase a�such sale.
<br /> ��} As may be permitted by law, aft�r deducting al� cos�s, fees and expenses of Trus�ee and af #his
<br /> Trust, incfuding casts o�e�idence�f ti�le in connect�on w�th sa�e, Trustee shafl apply�he proceeds of sale
<br /> to payment of �i} all sums expended under #he terms o�this Deed of Trust or under the terms of the
<br /> Credit Agreement not�hen repa�d, including bu� no� �im�ted ta a�crued interest and late char�es, �ii} all
<br /> other sums �hen secured hereby, and �iii} the remaind��, if any, to the �erson or persons fegally entitled
<br /> �hereto.
<br /> �c} T�ustee may in the manner pro�id�d by law postpone sale o�f all or any part�on o�the Prope�ty.
<br /> Remedies Nat Exc[usi�e. Trustee and Lender, and each of them, sha�l b� enti��ed to enforce payment and
<br /> performance of any indebtedness or ob[igations secured by this De�d of Trust and to ex�rcise all rights and powers
<br /> under �his �eed of Trust, under th� Credit Agreemen�, under any o�the Related Documen�s, a� under any other
<br /> agreement o� any laws now or hereafter in for��; notwi�hs�and�rtg, some o� al1 of such indeb�edness and
<br /> ob�igations secured by this Deed o�Trust may now or he�eafter be othenrv�se secured, whe�her by mortgage, deed
<br /> of trust, pledge, fien, assignment or o�hen�vise. Neither th� acceptance of�his Deed a�Trust nor its enforcement,
<br /> whether by cou�t act�on or pursuan�to the power o�sale �r ather powers contained �n �h�s Deed o� Trust, shall
<br /> prejudice or in any manner affect Trustee's or Lender's right to realize upan or en�orce any other security now or
<br /> hereafter held by Trustee or Lender, i� being agreed�hat Trus�ee and Lender, and each of them, shall be en�i�led�v
<br /> enforce this ❑eed af Trust and any oth�r security now or hereaf#er held by Lender or T�ustee in such orde� and
<br /> manner as they o� either o# �hem may in their abso�ute d�scretian d�termine. N� remedy conferred upon or
<br /> resenred to Trustee or Lende�, is intended to be excfusi�e of any o�her remedy in this Deed of Trust or by [aw
<br /> p�ovided or permit�ed, but each sha(1 be cumufa�ive and sha�l be in add�t�on to e�ery other remedy gi�en in this
<br /> Deed af Trust or naw or hereafter ex�s#�ng af �aw or in equi�y ar by statute. Every povuer ar remedy gi�en by #he
<br /> Credit Agreement or any of #he Re�a�ed Documents to Trustee or Lender ar �o which either a�f �hem may be
<br /> otherwise en�ifled, may be exer�ised, concurrently or independently, fram �ime tv �ime and as often as may be
<br /> d�emed �xpedient by Trustee or Lender, and either ��them may pursue �nconsistent remedies. Nothin� in �his
<br /> ❑eed of Trust shalf be construed as p�ahib��ing Lender�rom seeking a defic�ency�udgment aga�ns�the Trustor�o
<br /> the extent such ac�ion is perm���ed by law.
<br /> Election o� Remed�es. AII ❑f Lender`s rights and rernedi�s will be cumu[ati�e and may be exercised alone o�
<br /> together. �f Lender dec�des to spend money or to pe�orm any of Trustor's obliga�ions und�r this Deed o�Trust,
<br /> a�ter Trustor's faiEure to do so, that decis�on by Lender wi�! not affecfi Lender's righ�to declare Trustor ir� default
<br /> and ta exercise Lender's remedies.
<br /> R�quest for Natice. Trustar, on behalf vf Trustor and Lende�, hereby requests tha�a e�py of any Na�i�e of Default
<br /> and a copy of any Notice vf Sale under�his Deed of Trust be mailed ta them at the addresses set farth in the first
<br /> paragraph of this Deed of Trus�.
<br /> A�t�rneys' Fees; Expenses. If Lender institutes any sui� or actian to enf�rce any �f the terms of this ❑eed o�
<br /> Trust, L�nde�shall be en�itled�o reco�er such sum as the cou�t may adjudge reasonabie as a��orneys' fees at�ria�
<br /> and upon any appeal. Whether or not any court act�on is in�of�ed, and to the extent not proh�bited by �aw, af1
<br /> reasonable expenses Lender incurs that �n L�nder's opinion are necessary at any time fvr the protectian o� i�s
<br /> in�erest ar the�n�orcement af its righ#s shall become a par�af the �ndebtedness payable on demand and sha�l laear
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