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2� 1 ���892
<br /> DEED �F TRUST
<br /> Loan No: 1�1�99�7� t��ntin ued} Page 4
<br /> of a secured party under the Nebraska Uniform Commer�ial Gode.
<br /> Foreclosure hy Pawer vf Sale. If Lender�le�ts tv foreclase by exercise of the Pawer�f Sale herein contained,
<br /> Lender shall natify Trustee and shall dept�sit with Trustee this Deed o� Trust and �he Credit Agreement and
<br /> such receipts and e�idenc�Qt expenditures made and secured by this Deed af Trust as Trustee may require.
<br /> {ay LJp�n re�eipt of such notice from L�nder, Trustee shall �ause ta be recarded, published and deli�ered
<br /> t❑ Trustor su�h Notice v� Default and Nfltice af Sa�e as then required by law and by this ❑eed t�f Trusf.
<br /> Trus�ee shall, without demand on Trustor, after su�h time as may then be required by law and after
<br /> recordation of such Notice of Default and a�ter N�ti�e ❑f 5ale ha�ing been gi�en as required by law, sell
<br /> the Praperty at #he time and pla�e of sale fix�d by it in such Notice of Sa�e, either as a whole, ❑r in
<br /> separate lots ar parceis or items as Trustee shall deem expedient, and in such �rder as it may determine,
<br /> at public auction �o the highest b�dder tor �ash in lawful mvney of the United States payable at the time
<br /> �� sale. Trustee shal� deli�er ta such purchaser or purchasers thereof its go�d and suffi�ient deed or
<br /> deeds con�eying the property so sold, but without any c��enant or warranty, expr�ss or implied. The
<br /> recitals in su�h deed of any matters ar facts sha([ he canc�usi�e proof of the truthfu4ness thereQt. Any
<br /> person, including without iimitation Trustor, Trustee, vr Lender, may pur�hase at su�h sa�e.
<br /> �by As may be permitted by �aw, after deducting all costs, fees and expenses of Trus�ee and of this
<br /> Trus�, tn�luding costs ❑f e�idence of ti�le in �annection with sale, Trustee shall apply the proceeds ❑f sale
<br /> to payment ❑f �i� a!I sums expended under the terms of this Deed of Trust ar under the terms ❑f the
<br /> �redit Agre�ment nat then repaid, in��uding #�ut not limited ta accrued inter�st and �a�e charges, �ii� all
<br /> ath�r sums then se�ured hereby, and �iii� the remainder, if any, tv the person or persons �egally entitled
<br /> thereta.
<br /> �cy Trustee may in the manner prv�ided by law pvstpone sale of ail or any partion ❑f the P�vperty.
<br /> Remedies Nvt Exclusi�e. Trustee and Lender, and each vf them, shall be entitled t❑ enfor�e payment and
<br /> performance af any indebtedness ar obligatians secured by this ❑eed ❑f Trust and to exercise all rights and powers
<br /> under this Deed of Trust, under the Credit Agreement, under any of �he Related ❑ocuments, or under any �ther
<br /> agreement or any laws now or h�rea�ter in f�r�e; notwithstanding, some or all of su�h indebtedness and
<br /> ❑bligations se�ured by this �eed af Trust may now ar h�rea�ter be ❑therwise seGured, wheth�r hy mortgage, deed
<br /> of trust, pledge, �i�n, assignment �r o�herw�se. Neither the acceptance of this Deed of Trust nar its enfar�ement,
<br /> whether by �ourt action ar pursuant tv the p�wer ❑f sa�e or other powers cantained in this Deed ❑f Trust, shall
<br /> prejudi�e vr in any manner af€ect Trustee's ❑r Lender's right to realize upon or enforGe any t�ther security now ❑r
<br /> hereafter held by Trustee vr Lender, it being agreed that Trustee and Lender, and each of them, shal� #�e entitied t❑
<br /> enforce this Deed of Trust and any other security naw or hereafter hefd hy Lender or Trustee in such arder and
<br /> manner as �hey or either ❑f them may in their absolute discr�tian determine. No remedy conf�rred upan or
<br /> r�ser�ed �� Trustee ar Lender, is intended to be exclusi�e ❑f any other remedy in this ❑eed ❑f Trust �r by 1aw
<br /> pra�ided ❑r permitted, but each shall be cumulati�e and shall be in add�tion to e�ery �ther remedy gi��n in this
<br /> Deed of Trust or nvw or hereafter existing at !aw ar in equity or by statute. E�ery power ar remedy gi�en by the
<br /> Credit Agr��ment or any nf the Related (7ocuments to Trustee or Lender or to which e�ther of them may be
<br /> oth�rwise entitled, may be exercised, concurrently or independently, from t�me to �ime and as often as may be
<br /> deemed �xpedient by Trustee ar Lender, and either of them may pursue incansistent remedies. Nothing in this
<br /> D�ed ❑f Trust shall h� construed as prohihi�ing Lender from seeking a de�iciency judgment against the Trustor ta
<br /> the extent such action is permitted by law.
<br /> El�c�ion of Remedies. All of Lender's rights and remedies will be eumulati�e and may be exercised al�ne or
<br /> tvgether. if Lender de�ides t� spend money ❑r to perform any �� Trustor's obligations under this �eed of Trust,
<br /> a�ter Trustor's failure tfl do so, that decision by Lender will not affect Lender's right to dec�are Trustar in default
<br /> and to exer�ise Lender's remedies.
<br /> Reques#for Nvtice. Trustor, vn b�half❑f Trustor and Lend�r, hereby requests that a copy o# any Notice of Default
<br /> and a co�y ❑f any Notice of Sale under this ❑eed af Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this ❑eed of T�ust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action t❑ enfarce any vf the terms af this ❑e�d ��
<br /> Trust, Lender shall be �nt+tled to reco�er such sum as the �vurt may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether or nat any court acti�n is in�ol�ed, and t❑ the extent not prohibited by law, all
<br /> reasonable �xpenses Lender in�urs that in Lender's opinion are neCessa�y at any time for the protection of its
<br /> interest ar the enfvrcement�of its rights shall �ecame a part af the Indebt�dness paya�ie ❑n demand and shai� bear
<br /> interest at the Credit Agreement rate fram the date af the expenditure until re�aid. Expenses co�ered by this
<br /> paragraph include, wi#haut limita�ion, hawe�er subj�ct to any limits under applicable law, Lender's attvrneys' fees
<br /> and Lender's legal expenses, whether ar nvt ther� is a lawsu�t, including attorneys' fees and exp�nses f�r
<br /> bankruptcy pra�eedings �including effarts t❑ modify ❑r �acate any autamatic stay ❑r insunctian�, appea�s, and any
<br /> an�icipated past-judgment coll�cti�n ser�ices, the c�st of searching records, obtaining title repnrts �inc�uding
<br /> fareclosure reportsy, sur�eyors' reparts, and apprarsal �ees, titl� insurance, and fees far the Trustee, ta the exten#
<br /> p�rmitted by applicable law, Trus�or a�so will pay any court costs, in additian to all ather sums pro�id�d by law.
<br /> IVIISCELLANEflIJS PR�3VIS��NS. The #allowing miscellaneous pra�isians ar� a part❑f th�s Deed o�Trust:
<br /> Go�erning Law. This Deed of Trust will be go�erned by federal law applicahle to Lender and, to the extent not
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