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2� 1 ��8197
<br /> DEED �F TRUST
<br /> �Continued} Page 5
<br /> a� Trust, al I i n such order as Lender may determi ne. The enteri ng upon and taking possessian of the
<br /> Property, the ovllection of such rents, issues and prafits, and the appli�ation thereof shall not cure or
<br /> wai�e any defau��vr notice of default under this Decd of Trus�or in�aiidate any act done in response to
<br /> such defau##ar pursuant tv such natice af default;and, notwithstanding the oontinuance in passessivn of
<br /> ths Praperty vr the oallection, receipt and applicat�on of rents, issues or prvfts, Tn,�stee or Lender sha�l
<br /> be entitled to exercise e�ery right pro�ided for�n the Credit Agreemen�or the Re�ated C7ocuments or by
<br /> law upon the occurrence o#any e�ent of default, induding the right to exercise the power oi sale;
<br /> 4b} ce an actian to fore�lvse this C]eed af Trust as a mortgage, appaint a recei�er or specifcally
<br /> en#nrae any of the oo�enants herev�;and
<br /> �c} Deli�er to Trustee a w�itten declaration vf default and demand for sale and a writ#en nofice of default
<br /> and eiection to cause Trustar's interest�n the Property to be sold,which notice Trustee shall cause tv kae
<br /> duly filed fvr record in the apprapriate offices of the Caun�y in which the Property is Ivcated;and
<br /> (dy With respect to a�l ar any part of the Personai Properly, Lender shall ha�e a!I the righ#s and remediss
<br /> of a secured party under the Nebraska Uniform Commercial Cad�.
<br /> Foreclasure by Pvwer of Sale. ��Lender ele�ts to f'vreclose by exercise of the Pvwer v�Sale herein contained,
<br /> Lender shal� notify Trustee and shall depasit with Trusfee this Deed vf Trust and the Credit Agreement and
<br /> such receipts and evidenoe of�xpenditures mad�and secured by this�eed of Trust as Trustee may require.
<br /> �a} Upvn receipt a�suc�natiae irom Lender,Trustee shali�ause to be re�rded,published and deli�ered
<br /> to Trustar such Notive of Defautt and Notive vf Sale as then required by�aw and by this DeEd of Trust.
<br /> Trustee shall, withvut demand on T�ustvr, after such time as may then be required by law and after
<br /> r�ovrdation o�such Notice of�efault and after Notice of Safe ha�ing been gi�en as required by law, self
<br /> the Property at the time and p�aoe vf sa�e fixed by it in such Notice af Sale, either as a whv�e, or in
<br /> separate lats vr�aarae�s or items as Trustee shall deem expedient,and in such arder as it may determine,
<br /> at public auctEon ta the highest bidd�r for�ash in lawfu# money of the United S'tates payab�e at the time
<br /> o# sale. Trustee shali deli�er to such purchaser or purchasers thereaf its good and sufficient deed ar
<br /> deeds oan�eying the prvperty so sold, but without any �o�enant nr warranty, exprsss or implied. The
<br /> recita�s i n such deed af any mat�ers ar facfs shall be oonc�usi�e proo�of t�re tr-uthfulr�ess th�r�ot. An�
<br /> persan,induding without limitation Trustor,Trustee,vr Lender,may purchase at such sale.
<br /> �b} As may be permitted by law, after dedu�ting all costs, fees and expenses of Trustee and of this
<br /> Trust, inc�uding casts of ev�denc�vf title in cannection with sale,Trustee sha�!app�y the prooee�ds vf sale
<br /> ta payment o� {i} al� sums expended under the terms of this Deed of Trust or under the terms of the
<br /> Gredit Agreement nvt then repaid, including but nvt limited to accrued interest and late�harges, (ii} al!
<br /> other sums then secured hereby, and {ii�}the remainder, if any, #o the person or persons legaliy entitled
<br /> thereto.
<br /> (c} Trustee may in the manner pro�ided by!aw postpone sale of all or any porkion vf the Property.
<br /> Remedies Nat Exclusi�e. Trustee and Lender, and each of thsm, sha�! be entitled to enfvrce paymen# and
<br /> performance of any indebtedness ar obligativns secured by this Deed of Trust and to exercise all rights and p�wers
<br /> under this Deed �f Trust, under th� C�redit Agreem�nt, under any of the Related Documents, or under any �#her
<br /> agreement ar any laws now or hereafter in farce; notwithstanding, some or all vf such indebtedness and
<br /> vb�igations secured by this Deed o�Trust may naw or hereafter b�otherwise secured,whether by mortgage,deed
<br /> of trust, pledge, lien, assignment or otherwise. Neither the acceptance o�this Deed vf Trust nor its enfarcement,
<br /> whether by court action or pursuant ta the power of sale or v�her pawers c�ntained in �his Qeed vf Trust, shall
<br /> preju��ce or in any manner affect Trustee's or Lender's right to realize upvn or enfarce any a#her se�ur�ty now ar
<br /> hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each vf them,sha�l be�ntitled tv
<br /> snfvrce this Dsed of Trust and any vther security now v�herea�ter hsld by Lende�a�-Trustee in such order and
<br /> manner as they vr either of them may in thei� absalute discretion determine. �Vc� remedy confe�red upan or
<br /> reserved ta Trustee or Lender, is intended to be ex�lusi�� of any othe� remedy in th�s Deed of T�ust or by law
<br /> prv�ided ar permitted, but each shal� be cumulati�e and shal� be in additian to e�ery vther remedy gi�en in this
<br /> Deed❑f Trust or now vr hereafter existin9 at�aw ar in equity or by statute. E�ery pawer�r remedy gi�en by the
<br /> Credit Agreement ar any vf the Rela�ed Documents to Trustee Q� Lender or to which either vf them may be
<br /> vtherwise entitled, may be exe�cised, c�ncurrently or independentEy, frvm time tv time and as aften as may be
<br /> deemed expedieni by Trustee or Lender, and either af them may pursue inconsistent remedies. Nothing in th�s
<br /> Deed v#Trust shall be construed as prohibiting Lender#rom seeking a defi�iency�udgment agains#the Trustor tv
<br /> the extent such action is perrnitted by law.
<br /> Electivn of Remedies. All a� �ender's rights and remedi�s w�ll be cumulati�e and may be exercised alone ar
<br /> toge#her. If Lender decides to spend money❑r to per�vrm any of Trustor's obligativns under this Deed of Trust,
<br /> after Trustar's �a�lure to do so, that decisian �y Lender will nat affect Lenders right#o declare Trustor in default
<br /> and t�exe�cise Lender's remed�es.
<br /> Request for Not�ce. Trustor,on behalf af Trust�r and Lender, hereby requests that a copy❑f any IVv#ice of❑efauf#
<br /> and a copy af any No#ice af 5ale under this Deed of Trust be ma+led to#hem at the addresses set forth in the first
<br /> paragraph af this Deed of Trust.
<br /> Attorneys' Fees; Expenses. 1f Lender institutes any suit or action tv enforve any af ths terms vf this ne�d of
<br /> Trust, Lender shall be entitled tv �ecover suGh sum as the caurt may adjudge reasonabl�as attorneys'�ees at trial
<br /> and �pon any appeal. Whether ar not �ny court activn is in�vl�ed, and to the extent not prvhibtted by iaw, all
<br /> r�sonab�e expenses Lender incurs that in Lender's opinion are necessary at any time for �he protection of its
<br /> interest or the enforcement vf its rights shali beovme a part of the Indebtedness payable on demand and shali bear
<br /> interest at the �redit Agreemsnt rate from the date �� the expendi#ure until repaid. Expenses cv�ered by this
<br /> paragraph inciude, withvut limitation, hvwe�er sub�ect to any limits under applicabie law, Lende�'s attorneys'fees
<br /> and Lender's �egal expenses, whether or nvt there is a lawsuit, including attvrneys' �ees and expens�s for
<br /> bankruptcy prv�eedings(including eiforts to modify or�aca��any autamatic stay vr injunctian}, appeals, and any
<br /> anticipated pastyudgment oollec#ian services, the cost �f searching reoards, obtainin� titie reparts �including
<br /> fvreclosure reparts}, su�veyvrs' repvrts,and appraisal fees, title insurance,and fees far the Trustee, to the extent
<br /> permitted by applicable law. Trustvr also wil�pay any court co�ts, in addition to alf�ther sums pro�id�d k�y law.
<br /> Rights of Trustee. Trus�es sha��ha�e all of the r�ghts and duttes af Ler�der as set torth i�this sect�an.
<br /> PaWERS AN D �BL��ATI�NS�F TRUSTEE. The fallowing provisions relating to the pawers and obligations vf Truste�
<br /> are part of this Deed of Trust:
<br /> Powers vf Trustee. In addition#o ail powers of Trustee arising as a matter af�aw, Trustee shall have the pvwer to
<br /> take the foilawing actions with respect t❑ the Prvperty upon the wrttten �equest af Lender and Trustor: �a}join in
<br /> prepa�ing and filing a map or pEat �� th� Real Prvperty, including the dedication of streets o�- ather rights to the
<br /> public; tb} join in granting any easement or creating any restriction on the Real Property; and �c} join in any
<br /> subvrdination or other agreement affecting this Deed of Trust or the interest af Lender under this �eed of Trust.
<br /> Trustee. Trustee shal� meet al! qualifications requi�ed for Trustee under applicable law. In addition t❑ the rights
<br /> and remedies set forth abo�e, with respec�tv all ar any part o�the Proper�y, #he Trustee sha�l ha�e the right to
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