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2� 1 ��7119
<br /> DEEa �F TRUST
<br /> Loan Nv: 'I�"i�98'I 99 t�ontinued� Page 4
<br /> Fvreclosure by Power❑f Sale. If Lender��ects t❑ foreciose by exercise vf th� Power af Sale here�n cantained,
<br /> Lend�r shall notify Trustee and shall depvsit with Trustee this Deed of Trust and the Credit Agreement and
<br /> such receipts and e�idence v�expenditures made and secured by this Deed �f Trust as Trustee may r�quire,
<br /> ta� Upvn rec�ipt of such n�tsce fram Lender, Trustee shall caus� to be recorded, published and deli�ered
<br /> ta Trustor such Noti�e af Defau�t and Nvtice ot Sale as then r�quired by Eaw and by this ❑eed af Trust.
<br /> Trustee shall, without demand an Trustar, after such time as may th�n be required by Eaw and after
<br /> recordativn vf su�h Nati�e vf Default and a#ter Noti�e ❑� Saie ha�ing laeen gi�en as required by 4aw, se�l
<br /> the Property at the time and p�ace ❑f saie fixed by it in such Nati�e �f Sale, either as a whol�, or in
<br /> separate lats or parGels vr items as Truste� shall deem expedient, and in such ❑rder as it may determine,
<br /> at pubiic auction to the highest bidder for cash in lawful money of the United States payable at the time
<br /> af sal�. Trustee shall deii�er to such purchaser or pur�hasers thereaf its goad and sufficient de�d ar
<br /> d�eds con�eying the praperty so sald, but without any co�enant ar warranty, �xpress or implied. The
<br /> recitals in such deed �f any matters �r facts shall be can�iusi�e praof of th� truthfulness th�rea�. Any
<br /> pers�n, including without limitatton Trustor, Trustee, or Lender, may purchase at such sale.
<br /> �b� As may be permitted by law, a#ter deducting all costs, �ees and expenses ❑f Trustee and o� this
<br /> Trust, including �vsts of e�id�nce of title in connection with sale, Trus�ee shall apply the praceeds of saf�
<br /> to payment of ti7 all sums expended under the terms of this Deed of Trust ar under the t�rms of the
<br /> Credit Agreement not then repaid, including but not limited to ac�ru�d int�rest and late charges, �ii� all
<br /> other sums then secured h�reby, and �iii} the remainder, if any, ta the persan or persons I�gally entitled
<br /> thereto.
<br /> �c� Trustee may in the manner pro�ided by law pastpone sale of all or any partian of the Praperty.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> perfarman�e of any indebtedness ar abligativns secured by this Deed of Trust and to exer�is� all rights and pow�rs
<br /> under this De�d of Trust, under the Credit Agreement, under any ❑f th� Relat�d ❑ocuments, ar under any other
<br /> agreement or any laws now or hereafter in force; notwithstanding, some ar all of such indebtedness and
<br /> obligations secured by this Deed of Trust may now or hereatter be fltherwise secured, whether by m�rtgage, deed
<br /> o�trust, pledg�, lien, assignment or o�herwise. Neither the acceptance of this Deed of Trust nar its enf�rcement,
<br /> whether by court act�an ar pursuant to the pawer of sa�e ar other powers contained in this Deed of Trust, shall
<br /> prejudi�e o� in any manner affect Trustee's �r Lender`s right tv reali�e up�n or enforce any o�her security naw or
<br /> hereafter held by Trustee vr Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled ta
<br /> enforce this Deed vf Trust and any ather se�urity now or hereafter held by Lender or Trustee in such order and
<br /> mann�r as they ar either of them may in their absolute discretian determine. No remedy con�erred upon vr
<br /> rsser�ed ta Trustee ❑r Lender, is int�nded to be exclusi�e of any ather remedy in this Deed ❑f Trust ❑r by law
<br /> pr��ided ar permitted, but each shali be cumulati�e and shall be in addi�ion ta e�ery ❑�her remedy gi�en in this
<br /> Deed af Trust ❑r now or hereafter existing at law ❑r in equity ar by statute. E�ery power or remedy gi�en by the
<br /> �redit Agreem�nt ar any af the Related Documents to Trustee ar Lender or to which either af �hem may be
<br /> vtherwise entitled, may b� ex�rcised, con�urrent�y Qr independ�nt�y, trom time t❑ time and as often as may be
<br /> deem�d �xpedient hy Trustee or L�nder, and e�ther a� them may pursue inconsistent r�medies. Nothing in this
<br /> Deed of Trust shall be construed as prohibiting Lender f�om seeking a deficiency judgment against the Trustor to
<br /> the extent such actian is p�rmitted by law.
<br /> Election ❑f Remedies. All vf Lender's rights and remedies will he cumula�i�e and may be exercised a�ane ar
<br /> tagether. �f Lender de�ides t� spend money or t❑ perform any of Trustor's abligations under this ❑�ed af Trust,
<br /> a#ter Trustor's �ailure to do so, that decision by Lender will nat affect L�nder's right to de�lare Trustor in default
<br /> and to exerc�se Lender's remedies.
<br /> Request for Nvtice. Trustvr, ❑n behalf of Trust�r and Lender, hereby requests that a copy of any Natice of Default
<br /> and a capy �rf any Notice ❑f 5ale under this Deed vf Trust be mail�d to them at the addresses set torth in the first
<br /> paragraph a�th�s Deed of Trust.
<br /> Attarneys' Fees; Expenses. �f Lender institutes any suit flr activn ta en�orce any af the terms ❑f this De�d of
<br /> Trust, Lender sha�� be entitled to reco�er such sum as the caurt may adjudge reas�nabl� as attarneys' fees at trFal
<br /> and upon any appeal. Whether ar nvt any caurt a�tion is in�ol�ed, and ta the extent nat prohibsted hy taw, all
<br /> reasanable expenses Lender incurs that in Lender's apinion are necessary at any time f�r th� protection of its
<br /> interest or the enforcement of its rights shall become a part ❑f the Indebtedness payabl� ❑n d�mand and shall hear
<br /> interest at the �redit Agreement rate fram th� dat� of the expenditure unt#1 repaid. Expenses co�ered �y this
<br /> paragraph include, without limitatian, hawe�er subj�ct to any limits under appli�able law, Lend�r's at�arneys' fees
<br /> and Lender's I�gal expenses, whether ar not there is a �awsuit, including attorneys' fe�s and exp�nses for
<br /> �ankruptcy pr�ceedings fincluding �ff�rts tn mod3fy or �a�ate any automatic stay ar injunction�, appeais, and any
<br /> anticipated post-judgment c�liectian ser�ices, the cost of searching records, obtaining title reports f inciuding
<br /> f�reclosure reports}, sur�eyors' reports, and appraisa� fees, title insurance, and fees for the Trustee, t❑ the extent
<br /> permitted by appli�ab�e law. Trustor also will pay any�ourt costs, in additi�n to aEl ❑ther sums pro�id�d by law.
<br /> NiISCELLANEaUS PR�VISldNS. The f�l�owing miscellan�vus pra�isions ar� a part of this Deed ❑f Trust:
<br /> Go►►erning Law. This Deed vf Trust will be go�erned by federal law applicable to Lender and, ta the ex#ent not
<br /> pre�mp#ed by federal law, the laws of the State flf Nebraska withaut regard t❑ its cnnflicts of law pro►►isions. ThRs
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