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2� 1 ��7��9
<br /> aEED �F TRUST
<br /> Lvan Nv: 1�'!Z993�� �C�1ltlrlued� Page 4
<br /> Fore�losure by Pawer of Sale. If Lender ele�ts to �oreclvse by exerc�se af the Pa►►ver of 5ale herein contained,
<br /> Lender sha[l notify Trustee and shall depvsit with Trustee this Deed vf Trust and the Credit Agr�ement and
<br /> such receipts and e�iden�e�€expenditures made and secured by this Deed ❑f Trust as Trustee may require.
<br /> �a� lJpvn receipt af such notice from Lend�r, Trustee shail �ause to be recorded, published and deli�ered
<br /> to Trusfiar such Notic� vf Default and Notice of Sale as th�n required by law and hy this ❑eed of Trust.
<br /> Trustee sha��, withaut demand an Trustor, atter such time as may then be required by law and aft�r
<br /> r�cordatian vf such Notice of Default and a�ter Natice of Sale ha�ing been gi�en as requ�red by law, sell
<br /> the Praperty at the time and plac� nf sale fixed by it in such Notice of Sal�, either as a whole, ❑r in
<br /> separate �vts or parcels or items as Trustee shal� d�em exp�dient, and in such vrder as it may determine,
<br /> at public au�tion tv the highest bidder far cash in lawful money �f the United States payab�e at the time
<br /> af sale. Trustee shall deli�er ta such purchaser or purchasers ther�of its good and suf�icient deed or
<br /> deeds con�eying the praperty so sold, but withvut any co�enant or warranty, express ar impfied, The
<br /> recita�s in such deed o� any matters ar facts shal� he Canciusi�e prvof ❑f the truthfulness ther�of. Any
<br /> person, in��uding without limitativn Trustar, Trustee, ❑r Lend�r, may purchas� at such sale.
<br /> {#�} As may be permitted �y law, after deducting all casts, fees and expenses �f Truste� and of this
<br /> Trust, including costs vf e�id�n�e �f title in cannection with sale, Truste� shall apply the proceeds �f safe
<br /> t� payment ❑f fi} all sums expended under the terms of this Deed af Trust or under the �erms ❑f the
<br /> Credi� Agreement not �then repaid, including but not limit�d t❑ accrued interest and late charges, �iiy all
<br /> other sums then secured hereby, and �iii� the �emainder, if any, to the person ar persons legaliy entitled
<br /> thereto.
<br /> �cy Trustee may in the manner pro�ided by law postp�ne sale of all or any p�rtion vf the Prop�rty.
<br /> F�emedies Not Exclusi�e, Trust�e and Lender, and each ❑f them, shall be entitled to enfor�e payment and
<br /> performance nf any ind�btedness vr obligatians secured hy this Deed of Trust and to exer�ise al� rights and pawers
<br /> under this Deed of Trust, under the Credit Agreement, under any af the Related Documents, ❑r under any other
<br /> agreem�nt ar any laws now or hereafter in �orce; notwithstanding, som� or aI! of su�h indebt�dn�ss and
<br /> �bligations secured by this ae�d vf Trust may now or hereafter be otherwise secured, whether by mortgage, deed
<br /> ❑f trust, pledge, lien, assignment ar o�herwise. Neither the acceptance o� this Deed af Trus� nvr its enforcement,
<br /> whe#her by court actian or pursuant to the pawer of sale or other pawers cantained �n this Deed nf Trust, shalE
<br /> prejudice ar in any manner a��e�t Trustee's or Lender's right to rea�ize upon or enforce any ather security now ❑r
<br /> herea�ter held hy Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall he entit�ed to
<br /> enfor�e this D�ed vf Trust and any other se�urity now or hereafter held by Lend�r or Truste� in such ❑rder and
<br /> manner as they or either of them may in their absolute discretian determine. N� remedy conferred upon ar
<br /> reser�ed to Trustee ar Lender, is intended t� be exclusi�e of any other remedy in this Deed of Trust or by law
<br /> pro�ided or permitted, hut each shall be cumula�i�� and shall he in additinn to e�ery other remedy gE�en in thi5
<br /> Deed ❑�Trust vr now or hereafter �x�sting at law vr in equity or by statute. E�ery pawer or remedy given by the
<br /> �redit Agreement �r any of the Related Documents to Trus�ee ❑r Lender or to which either ❑f them may be
<br /> �therwise entitled, may be exercised, cancurrently or independently, from time to time and as ❑ften as may be
<br /> deemed expedient by Trustee ❑r Lender, and either af them may pursue incansistent remedies. Nothing in this
<br /> Deed of Trust shall be canstrued as prohibiting Lender fr�m seeking a deficien�y judgmen� against the Trustvr ta
<br /> the extent such action is permitted by law.
<br /> Election of Remedies. All af Lender's rights and remedies will he cumulati�e and may be exercised alane ar
<br /> tagether. ff Lender decides to spend money or t❑ perf�rm any vf Trustor's obligations under this Deed o� Trust,
<br /> after Trustor's fai�ure t� do so, that decision by Lender will na� affe�� Lender's right to de�lare Trustar in d�fault
<br /> and to exercise Lender's remedies.
<br /> Request for Noti�e. Trustor, ❑n �ehalf of Trustar and Lender, hereby requests that a copy of any Notic� ❑f Default
<br /> and a �apy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph vf this Deed ❑f Trus�.
<br /> Attvrneys' Fees; Expenses. if Lender institutes any suit ❑r action to enfvrce any ❑f the t�rms of this De�d ❑f
<br /> Trust, Lender shail be entitled tv r�ca�er such sum as the caurt may adjudge reasanable as attorneys' fees at trial
<br /> and upvn any appea�. 1Nhether or nat any �ourt actian �s in�ol�ed, and to the extent not prahi�ited by law, af!
<br /> reasonabl� expenses Lender incurs that �n Lender's apininn are necessary at any time far the protectivn of its
<br /> interest ❑r the enf�rcement af its rights sha�� became a part o€the Ind�btedness payable on demand and shali bear
<br /> interest at the Credit Agreement rate from the date o# the expenditure until repaid. Expenses co�ered by this
<br /> paragraph inc�ude, wtthau'� IimFtation, haw��er subject tfl any limits under appli�able law, Lender's attorneys' fees
<br /> and Lender's lega� �xpenses, whether ar nat there is a lawsuit, inciuding at�orneys' fees and expenses far
<br /> �ankruptcy praceedings {including efforts to mvdify �r �acate any automatic stay or injunctiony, appeals, and any
<br /> anti��pated p�st-;udgment colleGtion se��ices, the cast of searching re�ords, ❑htaining title reports �inc�uding
<br /> fareclosure repartsy, sur�eyvrs' reports, and appraisal fe�s, title insurance, and fees for the Trustee, to the extent
<br /> permitted by applicable law. Trustor alsa will pay any Caurt costs, in additian to all other sums pro�ided by law.
<br /> MIS�ELLANE�US PR�VISI�NS. The following miscellaneous pro�isians ar� a part❑f this Deed �f Trust:
<br /> Go�ernEng Law. This Deed of Trust will be go�erned by �edsral law applicahfe to Lender and, to the extent nvt
<br /> pre�mpted by federal law, the �aws vf the S#ate af Nebraska without regard#❑ i#s conflicts vf law pro�isions. This
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