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2� 1 ��7227
<br /> DEE� �F TRUST
<br /> ��ont�nued� Page 5
<br /> rents, issues and prafits vf the Proper#y, including those past due and unpaid, ar�d apply the same, �ess
<br /> casts and ex�enses of operation and collectivn attorneys'fees,#a any indebtedness secured by this Deed
<br /> of Trust, all in such arder as Lender may determine. The entering upon and taking possession af the
<br /> Property, the co�lec�ion af such rents, issues and profits, and the applicat�vn #herevf shall not �ure ar
<br /> wai�e any default vr natice a�default under this Deed of Trus#or in�aiidate any act done in respvnse to
<br /> such defau�t or pursuant tv such nvtice o�default;and, natwithstanding the cantinuan�e in possession o�
<br /> �he Property nr the co�le�#ivn, receipt and applicativn o�rents, issues�r praftts, Trustee�r Lender shall
<br /> be en#itled to exerc�se e�ery right pro�ided f�r in the Gredtt Agreement or the Related Documents or by
<br /> law upan the occurrence af any event vf default, including the righ#tv exercise the power at saie;
<br /> �b} Commence an action to foreclase this Deed vf Trust as a martgage, appoint a receiwer ar speci�Ficall�
<br /> enforce any of the co�enants hereo#;and
<br /> {c} Deli�er ta Trustee a written declaration of default and demand for sale and a written natice af defaul#
<br /> and election t�cause Trustor's interest in the Property to be svld,which no�ice Trustee shaii cause to be
<br /> duly filed fvr recard in the appropriate affices af the Caunty in which the Property is ivcated;and
<br /> �d} With respect ta a�l ar any par�v�the Persanal Prvperty, Lender shall ha�e al� the rights and remedEes
<br /> of a secured party under#he Nebraska Uniform Cammercial Cvde.
<br /> Foreclosure by Pvwer of Sale. If Lender elects to fareclose hy exerase of the Pawer vf Sale herein contained,
<br /> Lender sha#f na�ify �rustee and shal� depvsit wit� Trus�ee this D�d vf Tru�t and the Credit Agreement and
<br /> such�-eceipts and e�idenoe vf expenditures made and secured by this�eed af Trust as Trustee may requ}re.
<br /> �a} Llpon receipt of such nptire from Lender,Trustee sha��cause to kfe recorded, published and deli�ered
<br /> to Trustar such Noti�e vf Default and Not�oe of Sale as then required by law and by th�s Deed�f Trust.
<br /> Trustee shall, without demand an Trustor, after such time as may �hen be required by iaw and after
<br /> recordatian vf such Nn�ice o#Default and after Noti�e of Sale having been gi�en as requ�red by law, selk
<br /> the PrQperty at the time and plaoe of sale fixed by it in such Nvtice a� Sale, either as a whole, or in
<br /> separate lots vr parce�s or items as Trustee shall deem expedient,and in such order as it may determin�,
<br /> at public�uction to the highest bidder for cash in lawFul money af�he United States payable at the t�me
<br /> Qf sale. �n�stee shall deliv�r to such purchaser or purchasers th�reof its goad and sufficient deed or
<br /> de�ds con�ey�ng the property so sold, but wi#hout any vo�enant or warranty, express or imp�ied. The
<br /> recitals in such deed o�any matters vr facts shaf! be vanclusi�e proof af the truthfulness thereof. Any
<br /> persan,including without limitatinn Trus�or,Trustee,or Lender,may purchase at such sale.
<br /> �b� As may be permitted by law, after deducting a�l costs, fees and expenses vf Trustee and of this
<br /> Trust, including costs af e�ideno�of title in connectian with sa�e,Trustee shall apply the pro�eeds of sale
<br /> to payment af {i� all sums exp�nded under the terms vf this Deed of Trust �r under the terms v#the
<br /> Credit Agreement na#then repaid, including but nat limited to accrued interest and �ate charges, [ii) all
<br /> other surr�then secured hereby, and �iii}the remainder, if any, to the persan vr persons legally entitled
<br /> there�o.
<br /> (c} Trusfiee may in#he manner pro�ided by law postpon�sale of all a�any pvrtion of the Property.
<br /> Remed�es Not Exc�usi�e. Trustee and Lender, and each a� thsm, sha�! t�e entitled to en�orce payment and
<br /> performance of any indebtedness❑r obligativns secured by this Deed a�Trust and#o exercise a!I rights and pvwers
<br /> under this �eed of Trust, under the Credit Agreement, under any a�the Related D�cuments, or under any other
<br /> agreement or any laws now vr hereafter in force; notwithstanding, some or all of such indebtedness and
<br /> ❑bligatians secured by this Deed vf Trust may n�w or hereafte�be atherwise secured,wh�ther by mortgage, deed
<br /> of trust, pledge, lien, assignment or otherwis�. Neither the acceptance of this Deed af Trust nvr its enforcement,
<br /> whether hy c�urt activn vr pursuant to th� power �f sale or other powers c�ntained in this D�ed of Trust, sha�i
<br /> prejudice or in any manner affe�#Trustee's or Lender's right to r�alize upon �r enfar�e any other securi�y now or
<br /> he�eafter held by Trustee vr Lender, it be�ng agreed that Trus#ee and Lender,and each vf them,shall be en�it�ed to
<br /> enforce this Deed af Trust and any other security now or he�eafter held by Lender or Trustee in su�h arder and
<br /> manner as they or either of them may in their absolute discretian dete�mine. N� remedy conferred upvn ar
<br /> reserved to Trustee or Lender, is intended to be exclusi�e of any other remedy in this Deed of Trust or by law
<br /> pro�ided or permitted, but each shail be cumulati�e and shaE! be in addition �o e�ery other remedy gi�en in this
<br /> ❑eed vf Trust or now or hereafte�-existing at law vr in equEty or by statute. Every power or remedy gi�en by the
<br /> Credit Agreement or any af the Related aocuments ta Trustee vr L�nder or tv WhiCh either �f them may bs
<br /> othe�uvise entitled, may be exercised, con�urrently or independently, from time tv tims and as vften as may be
<br /> deemed expedient by Trustee or Lender, and either of them may pursue in�ansistent remedies. Nothing in this
<br /> D�d�t Trc�st shall be cvnstrued as p�ohibitin� Lender'from seeking a deficien�y judgment against the Trustor to
<br /> the extent such action is permitted by law.
<br /> Elec#ian of Remedies. All of Lende�'s rights and �emedies will be cumulati�� and may be exerased alone vr
<br /> togethe�-. I f Lend�r decides to spend mnney vr to perfarm any o�Trustvr's obl igatians under th�s �eed of Tru st,
<br /> after Trustvr's failure to do sa, �hat decision by Lender wi11 not affect Lender�s right to dec[are Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Nntice, Trustor,on behalf vf Trustor and Lender, hereby requests that a copy❑f any Notice vf Default
<br /> and a copy of any Nvtice of Sa�e under this Desd af Trust be mailed ta�hem at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; �xpenses. I� Lender institutes any suit or action to en�orce any vf the terms of this Deed of
<br /> Trust, Lender shall be entitled to reoo�er such sum as the court may adjudge r�easonable as attorneys'#ees at trial
<br /> and upon any appea�. Whether or not any court action is in�oi�ed, and to the extent not prohibited by law, a�l
<br /> r�sonable expenses Lender in�urs that in Lende�'s opinEon are neoessary at any time fvr the protectian n� its
<br /> interest or the enfQrcement of its rights shall �me a part of the Indebtedness payable on demand and shall bear
<br /> interest a� the �redit Agreement rate fram the date of the expenditure until repaid. Expenses ca�ered by this
<br /> paragraph include, withaut limitativn, howe�er subject to any limits und�r applicable law, Lender's attorneys'fees
<br /> and Lender's �egal expenses, whether �r not there is a fawsuit, including attorneys' fees and expenses for
<br /> bankrupt�y prvice�dings�inauding effo�ts to modify or�acate any autvmatic stay or injunction}, appeals, and any
<br /> anticipated po�t�udsment cvllectian services, the CDSt Of 5F:'d1'CI11C1� records, vbtaining title reporks tincluding
<br /> foreciasure reports}, surveyors' repvrts, and appraisal�ees, title �nsuranoe,and#ees fo�-the Trustee,ta#he extent
<br /> permitted by applicable faw. Trustvr also will pay any court costs, in addition tv all ather sums pro�ided by law,
<br /> Rights of Trustee. T�ustee shall ha�e al1 of the rights and duties�f Lender as set forth in this section.
<br /> P�INERS AND �BL�GATl�NS�F TRUSTEE. 1"he fo�lowing pro�isions relating to the powers and obfigations of Trustee
<br /> are pa�t of this Deed o�Trust:
<br /> Powers of Trus#ee. !n addition tv a!I pvwers of Trustee a�ising as a mat#er of law, Trust�e shal� have the power to
<br /> take the follnwing a�tions with respect to the P�operty upan the wri�ten request of L�nder and Trus#vr; �a}join in
<br /> preparing and fifing a map or plat of the Real Property, including the dedication of streets ar other righ�s to the
<br /> public; �b} join in granting any easement or ��eat�ng any restric#ion on the �eal F'roperty; and �c} join in any
<br /> subordinatian or other agreement affecting this ❑eed o�Trust or#he interest of Lender under this Deed of T�-ust.
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