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2� 1 ��� 153
<br /> D�EED �F TRUST
<br /> Lvan Na: 'I�'1�3854'I ���ntirlued� �age 4
<br /> duly filed for re�ord in th� ap�ropriate affic�s of the Cvunty in whiGh the Property is lacated; and
<br /> �dy With respe�t t❑ all ❑r any part�f the Persvnai Pro�erty, Lender sha�l ha�e ali �he rights and remedi�S
<br /> of a secured party under the Nebraska Un�#orm Commer�ial ��de.
<br /> Foreclasure �y Power o�Saie. If Lender ele��s t� foreclvse by exercise of the Power a� Sale herein conta�ned,
<br /> Lender shafl rtatify Trust�e and shat� dep�sit with Trustee �his Deed ❑t Trust and �he Credit Agreement and
<br /> such r���ipts and e�idence of expenditures rnade and secur�d by this D�ed ❑f Trust as Trustee may requir�.
<br /> �a� Upan receipt of such n�ti�e from Lender, Trustee shall cause to b� rec�rded, published and deli�ered
<br /> to Trustar suGh Nv�ice of D�fau�t and Notice af Sale as then required by law and by this D�ed af Trust.
<br /> Trustee shall, without demand ❑n Trustvr, a�ter such time as may then be required by law and aft�r
<br /> recvrdation of su�h Notice vf ❑�fault and after Nvtice ❑f 5aie ha�ing been gi�en as required by law, sell
<br /> the Property at the time and place of sale fixed by it in such iVotice af Sal�, either as a whole, or in
<br /> separate lots ❑r par�els ❑� items as Trustee shall deem expedient, and in suGh order as it may determine,
<br /> a# public auction to the highest btdder tor cash in �awful money ot the LJn+ted States payable a� �he time
<br /> of sale. Truste� shall d�li�er ta such purchas�r or purchasers thereaf its g�ad and sufficient de�d or
<br /> deeds �an�eyin� �he prop�rty sv �old, but w+thout any ca�enant vr warranty, express a� implied. The
<br /> recitals in such deed of any matters or facts shall be conclu�i�e proof of the truthfulness ther�af. Any
<br /> pers�n, inc�udin� withvut IimitatiQn Tru�tar, Truste�, or Lend�r, may purchase at su�h sale.
<br /> �b} As may be permitted �y law, �fter deducting a�� casts, �ees and expens�s of Trust�e and of this
<br /> Trust, inGluding cas�s �f e�idenc� af title in connection with sale, Trustee shall appfy the proceeds of sale
<br /> ta payment of {i7 all sums expended under the term� o� this �eed a� Trust ar under the t�rms �f th�
<br /> Credit A�reement not �hen repaid, in�luding but nat limited tv accrued interest and late charges, �ii} all
<br /> ather sums then secured hereby, and �iii� th� remainder, if any, �o the persan ar persons iegaEly entitied
<br /> thereto.
<br /> ��� Trustee may in �he manner pro�ided hy law pos�pone sale of all or any porti�n vf the Property.
<br /> Remedi�s Not Exclusi�e. Trustee and Lender, an� each of them, shall b� entitled �a enfarce payment and
<br /> performance af any indebt�dness ❑r obligations secured by this ❑eed �f Trust and t� eacercise ai� rights and powers
<br /> under this Deed of Trust, under the Credit Agreement, under any ❑f the R�lated Documents, or under any �ther
<br /> agreement ar any laws now or hereafter in #vrG�; notwithstandin�, svme or all of such indebtedness and
<br /> obfigatians s�cured by this Deed ❑f Trust may now ar her�after be other�vise secured, whether by mor�gage, deed
<br /> ❑f trust, pledge, lien, assignment ❑r oth�rwise. Neither the acceptan�e of this ❑eed vf Trust nor its enforcement,
<br /> whether by court actian �r pursuant to the pawer af sale vr vther p�wers contained in this D��d ❑f Trust, shall
<br /> prej�dice or in any mann�r a�fect Trustee's flr Lend�r's right to realiz� upan vr enforce any o�h�r security now or
<br /> her�after held by Trustee �r Lender, it bein� agreed that Trustse and L�nder, and each of them, shai� be entitled tQ
<br /> entvr�e this Deed of TruSt and any vther �ecurity naw ar hereaft�r h��d by Lender or Trus�ee in su�h order and
<br /> manner as they or �i�her af them may in their absalute discr�tian determine. N� r�medy �onferred upan or
<br /> reser�ed t� Trustee ar Lender, is intended to be exclusi�� of any o�her remedy in thi� Deed vfi Trust or by law
<br /> prv�ided ar permitted� but ea�h shall be �umula#i�e and shall be in additian to e�ery other remedy gi�en in this
<br /> Qeed �f Trust ❑r now ❑r hereafter exi�tinc� at law or in equity nr by statute. E��ry power ar rem�dy gi�en by th�
<br /> Gredit Agreem�nt or any of the Related I7ocuments ta Trustee ar Lend�r �r to which either af them may be
<br /> otherwise entiti�d, rnay be �xercised, cvncurrently or independent�y, from tim� to time and as otten as may be
<br /> de�med expedient by Trustee or Lender, and eith�r af them may pursue inc�nsistent remedies. Nothing in �his
<br /> Deed of Trust shafl �e construed as prohi�riting Lender fram s��king a defiicien�y judgment against the TrustQr to
<br /> the �a�tent such aGtian is permitted by lav�r.
<br /> Election of RemedEes. All af Lender's rights and rernedies will be cumuiati�� �nd may be ��ercised a�one or
<br /> together, if Lender decides to spend money vr t� per#arm any af Trustar's o�ligatians under this ❑eed af Trus�,
<br /> a�ter Trusto�'s faifure to dv sv, that d�cision by Lender wsfl not af��ct Lender's ri�ht t❑ declare Trustor in default
<br /> and t�e��rcis� Lender's remedies.
<br /> Request far Natice. Trustor, on behalf�f Trustar and Lender, hereby requests that a copy vf any Nvtice vf Default
<br /> and � cvpy o� any Notic� vf �ale und�r this �eed �a�Trust be mai�ed �o them at the addresses set �orth in the first
<br /> parac�raph ot this Deed a�Trust.
<br /> Attarneys' Fees: Expenses. if Lender institutes any sui� or action �v �nforce any t�f the t�rms �f this ❑e�d �f
<br /> �"rust, Lender shall be �ntitled ta r�co�er �uch sum as the �ourt m�y adjudg� reasonabie as attarneys' fe�s at trial
<br /> and upon any appeai. Wh�ther or not any caur� actian is in�a��ed, �nd to the ext�nt nat prohibited by law, all
<br /> reasonabl� expenses Lender incurs that in Lender's vpinion a�e necessary at any t�me for the protecti�n af i�s
<br /> interest ❑r the enfarcem�nt af its rights shall become a part v€ the Indebtedness payab�� �n demand and shal! b��r
<br /> interes� at the Cred�t Agreement rate frvm the date ❑f the expenditure until repaid. Expenses ca�ered by this
<br /> paragraph �nclude, without limita�ion, hvwe�er subject to any limits unde� app�i�abl� law, L�nder's attorneys' fi�es
<br /> and Lender's fegai expenses, whether vr nat th�re is a lawsuit, including attorneys' fees and expenses for
<br /> bankrupt�y pr�ceedings �including effflrts ta modi�y or �acate any automatic stay ❑r injuncti�n�, appea[s, and any
<br /> anti�ipated p�st-judgment collection ser�ices, the c�st af �earching records, abtaining trtle repar�s �in�fuding
<br /> fflreclvsure r�ptirts�, sur�eyars' reports, and appraisal fees, tit�e insurance, and fees tor the Trustee, tv th� extent
<br /> permitted by applicable law. TrustQr als❑ vuili pay any caurt costs, in add�tian t� all other sums prt��ided by l�w.
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