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2� 1 ��819�
<br /> DEE� �F TRLJST
<br /> �Cont�nued� Page 5
<br /> a� Trust, ail in such vrder as Lender may determine. The entering upon and taking possession af the
<br /> Praperty, the collection of such r�nts, issues and prafts, and the app�ication therea� shall nvt cure or
<br /> wai��any defiault or na#�oe of defau�t under this Deed of Trust vr in�a�idate any act done in re,sponse ta
<br /> such de#ault ar pursuant to such notEce ot default;and, notwi�hstanding the oantinuanoe in possession af
<br /> #he Property or the collectian, receipt and appl+cation of ren�s, issues or profits, Trustee vr Lender shall
<br /> be entitled to exeras�e�ery right pro�ided for in the Credit Agreement ar the Related Documents ar by
<br /> law upvn the ovcurrenoe of any e�ent of default, including the right tn exerase the power vf sale;
<br /> �b} Comrr�enve an activn to foreclose this Deed�f Trust as a mortgage, appoint a revei�er or specifically
<br /> enforce any�#the oo�enants hereof;and
<br /> �c} Deli�er#o Trustee a w�itten declaration of defau�t and demand for saie and a written natice of de�ault
<br /> and election to�ause Trustar's interest in the P�-operty tv be sold,which nvtice Trustee shall cause tv he
<br /> duiy fi�ed tor�ecord in the appropriate offices v�f th�County in which the Property is lacated;and
<br /> �d} With respec#to all or any part af the Personal Praper�ty, Lender shatl ha�e alf the rights and remedies
<br /> of a secured party under the Nebraska Uni�orm Cvmmercial Code.
<br /> Fareclosure by Power��Sa�e. Ef Ler�er e�ects tv tareclose by exercise o#the P�wer of Sale herein contained,
<br /> Lender shall natiiy TruStee and sha�1 depos�t with Tr�ustee this D�eed o�Trust and fihe Gredit Agreemen�and
<br /> such reoeipts and e�idenoe vf expenditures made and secured by this Dee�d�f Trust as Trustee may require.
<br /> ta} Upon re�eipt af such nv#ioe frnm Lender,Trustee shall�ause to kae recarded, publ�shed and deii�ered
<br /> to Tr-ustor such Notice of Detault and Notice vf Sale as then required by law and by this D�eed of Trust.
<br /> Tn.�stee shafl, withvut demand on Trustvr, after such time as may then be required by law and after
<br /> reoorda#ion of such Notice of Default and after Natioe of Sale ha�ing been gi�en as required by 1aw, sell
<br /> the Property at fhe time and place of sale fixed by it in such Nvtice of Sale, either as a wha�e, or in
<br /> separate�ats or parce�s or�tems as Yrustee sha��deem�xpedient,and i n such order as�t may determi ne,
<br /> at public auction ta#he highest bidd�r for cash in�awFu� money af the United States payab�e at the time
<br /> of sale. Trustee sha�i de�i�er to such purchaser or pur�hasers thereo# its good and sufficient deed or
<br /> deeds ovn�eying the properiy so so1d, but without any co�enant or warranty, express nr implied. The
<br /> recit.als in such deed of any matters or#acts shall be oon�lusi�e proof of the truthfu�ness�hereof. Any
<br /> persan,including withvut limita#ivn Trustor,Trustee,or Lender,may purchase at such sale.
<br /> �b} As may be permitted by law, after deducting ail cvsts, fees and expenses of Trustee and of this
<br /> Yrust,inc#uding costs of evidence of t�tle�n connec#3an with sale,Trustee shaf�apply the proceeds vf sa4e
<br /> to payment n� (i} atl sums expended under the terms of this Deed of Trust or under the terms af the
<br /> �red�t Agreement not thsn repaid, including but not iimited to accrued interest and �ate charges, �ii}all
<br /> ather sums th�n s�cured hereby, and �iii}the remainder, it any, tv the per�son or persons legally entitled
<br /> theretv.
<br /> �c} Trustee may i n the manner prv�ided by�aw postpone sale af a!I or any pvrtian af the Prvperty.
<br /> Remedies Not Exclustve. Trustee and Lender, and each of them, shafl be entitled tv enforce payment and
<br /> performan�e ofi any indebtedness or obligations se�ured by this Deed vf Trust an��v exercise all rights and powers
<br /> under th�s Deed of Trust, un��r the �redit Agreement, under any of#he Related DoGum�nts, �r under any other
<br /> agreement or any laws now or hereafter in fvrce; notwithstanding, some or all af such indebtedness and
<br /> obligatians secured by this aeed o�Trust may now vr hereafter be othenivise secured,whether by martgage, deed
<br /> of trust, pledge, lien, assignment ar otherwise. Neither#he acceptance of this Deed vf Trust nar its enfvrcement,
<br /> whether by court action vr pursuant ta th� pow�f vf sale or ❑ther pnwers cantained in this ae�d vf Tfust, shali
<br /> prejudice ar in any manner affect Trustee's or Lende�'s right to realize upon or enfo�-ce any other security now or
<br /> hereafter held by Trustee vr Lend�r,it being agreed that Trustee and Lender,and each v�them,sha!! be entitle�ta
<br /> enforce this Deed of Trust and any other secu�ity now or hereafter held by Lender or Trustee in such order and
<br /> manner as they ar either of them may in their absvlute discretian determine. No remedy conferred upon or
<br /> reserved tv Trustee or Lender, is intended to be exclusi�e of any other remedy in this C]eed of Trust or by iaw
<br /> pravided ar pe�-mitted, but each shall be cumulativ� and sha�� b� in additian to every Qther remedy given in this
<br /> Deed of Trust or now vr hereatter existing at law or in equity or by statute. E�ery pvwer or remedy given by the
<br /> Credi# Agreement or any of the Related Do�uments to Trustee or Lender or to wh�ch either of them may be
<br /> atherwise �n#itied, may be exercised, cancurrent�y or independently, from time to time and as vften as may be
<br /> deemed expedient by Trustee or Lender, and either vf them may pursue inconsistent remedies. 1Vnthing in this
<br /> Deed of Trust shali be construed as prvhibiting Lender from seek�ng a deficiency�udgmen#against the Trustor to
<br /> the extent such activn is permitted by iaw.
<br /> E�ection o# Remedies, All of Lende�s righ�s and remedies will be cumulati�e and may be exercised alone or
<br /> together. If Lender decides tv spend money ar fo perform any af Trustor's abligations under this Deed v�Trust,
<br /> afte�Trustvr's fai�ure to do so, that decision by Lender will not a�fect Lender's right tv declare Trustor in default
<br /> and to exerase Lende�'s remedies.
<br /> Request#ar Notice. Trustar,on behalf af Trustor and Lender, hereby requests that a�opy vf any No#ice af Default
<br /> and a copy of any Notice v�Sale under this Deed�f Trust be maifed to them at the addresses set forth in the first
<br /> paragraph af th is De�d❑f Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit ar action to en�aroe any of the tern� vf this D�ed a�
<br /> Trust, Lender shail be entitled ta reoo�er su�h sum as the court may adjudge reasanable as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any c�urt action �s in�ol�ed, and to the extent not prohibi�ed by law, all
<br /> reasonable expenses Lender �ncurs that in Lender's opinion are neoessary at any tim� for the p�otection of its
<br /> interest or the entorcement af its rights shalE become a part❑f th�lndebtedness payable on demand and shall bear
<br /> interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses co�ered by this
<br /> paragraph include, without limitativn, howe�er subject to any limits under applicabEe law, Lende�'s attvrneys'fees
<br /> and Lender's legal expenses, whether or not there is a iawsuit, �nclud�ng attorneys' fees and expenses for
<br /> bankruptcy prvaeedings�including effo�ts to mc�dify v�Wacate any automatic stay flr injunction}, appeals, and any
<br /> anticipated pvst judgment oollection services, the cost of searching records, obta�ning title reports [including
<br /> foreclosure reparts}, surveyors' reports, and appraisal fees, titEe insurance, and fees fvr the Tr�ustee, to the extent
<br /> Qermi�ted by applicat�le�aw. Trustor als�o w���pay any cau�costs,s�addition tv a41 ath�r sums pravided by law,
<br /> Rights of Trus#ee. Trustee shall ha�e all of the rights and duties o�Lender as set fo�th in this section.
<br /> P�WERS AND �BL�GATI�NS aF TRLlSTEE. The following proWisians rela#ing to the pvwers and obligations of Trustee
<br /> are part of#his Deed o€Trust:
<br /> Powers vf Trustee. In addition to a�l powers af Trustee arising as a matter of law, Trustee shall ha�e ths power to
<br /> take the following actions with respect to the Prvperty upon #he writ#en request of Lender and Trustor: (a}jvin in
<br /> preparing and filing a map or plat of the Reai Prope�#y> including the dedication v� st�eets o� other cights to the
<br /> public; �b} jvin in gran#ing �ny �asement or creating any restrict�on on #he Real Property; and tc} join in any
<br /> subordinatian or other agreement affecting this Desd of Trust ar the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee sha1� meet all qualifications required for Truste� under applicable law. �n addition to the rights
<br /> and remedies set forth abo�e, with respe�t to all or any part of the Prope�#y, ths Trustee shall ha�e the right to
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