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2� 1 ��8283
<br /> �EE❑ �F T�usT
<br /> Loan N�: 1�'I 3��467 ��ontinued� Page 4
<br /> Foreclosure by Pawer of 5ale. If Lender elects t❑ fareclose by exercise ❑f the Power of 5ale herein contained,
<br /> Lender shall n�t�fy Truste� and shall deposit with Trust�e this Deed of Trust and the Credit Agreement and
<br /> such rec�ipts and e�idence of expenditures mad� and secured by this �eed of Trust as Trustee may require.
<br /> �a� Upon receipt ❑f such nvtice from L�nder, Trustee sha!! cause to be rscarded, puhlished and deli�ered
<br /> �o Trustor such Notice of ❑efault and NotiCe vfi Sale as then required hy law and by th�s Deed of Trust.
<br /> Trustee shall, without demand on Trustor, after such time as may then be required by law and a�ter
<br /> recordat�an of such N�tice af Default and after Nat�ce o# Sale ha�ing be�n gi�en as required by law, sell
<br /> ths Prope�ty at the time and pla�e af sale fixed by it in such N�ti�e of Sale, eith�r as a whale, or in
<br /> separate lots ar parcels or items as Truste� shafl deem expedient, and in such order as it may determine,
<br /> at public auction to the highest bidder for cash in lawful money of the United 5tates payable at the tim�
<br /> of sale. Trustee shall deli�er to su�h purchaser ar purchasers therenf its goad and su�ficient deed or
<br /> de��is �onveying the property sa sold, but withaut any co�enant or warranty, express or imptied. The
<br /> re�itals in such deed of any matters ar facts shall be con��usi�e pr�o� of the truthfulness thereof. Any
<br /> p��san, in�luding without limitativn Trustar, Trustee, or Lender, may purchase at such sale.
<br /> �bf As may be permitted by law, after deduct�ng all costs, fees and expenses of Trustee and ❑f this
<br /> Trust, including costs of e�idence af title in c�nnectivn with sal�, Trustee shall appiy�he proceeds of sa�e
<br /> t❑ payment of �iy all sums expended under the terms ❑f this Deed of Trust or under the terms ❑f the
<br /> �redit Agreement not then repaid, inciuding hut not limit�d t❑ accrued interest and late charges, �ii� all
<br /> ❑ther sums then secured hereby, and tiii7 the remainder, if any, t❑ the person ❑r persons lega�fy entitied
<br /> theret�.
<br /> �cy Trustee may in the manner pra�fded by law postpone sale af all ❑r any portion of th� Pr�perty.
<br /> Remsdies Not Exclus��e. Trustee and Lender, and each o� them, shall be ent�tled to enforce payment and
<br /> performance ❑f any indebtedness �r abligativn� s�cured by this Deed o#Trust and to exercise all rights and powers
<br /> under this Deed �f Trust, under the Credit Agreement, under any of the Related Dacuments, or under any ❑�her
<br /> agreement ar any laws now or herea�ter in fvr��; nvtwithstanding, same or all of such indebtedn�ss and
<br /> obligations secured by this Deed af Trust may nflw or hereafter be otherwise secured, whether by mortgage, deed
<br /> af irust, pledge, lien, assignment vr vth�rwise. N�ither the acceptance of this Deed ❑f Trus� nor its en#vrcement,
<br /> whether by court action or pursuanY to the power of sale or ather powers contain�d in this Deed of Trust, shali
<br /> prejudice vr in any manner affe�t Trustee's ar Lender`s right to realize upon ar enforce any ❑ther security now or
<br /> hereafter heid hy Trustee ar Lender, it being agreed that Trustee and Lender, and each a�them, shall he entitled to
<br /> enforce this ❑eed ❑� Trust and any a�her security nQw ❑r herea�ter h�ld by Lender or Trustee in such order and
<br /> manner as they or either of them may in their absolute discretion determin�. No remedy canferred upan or
<br /> reser��d t❑ Trustee or Lender, is intend�d t� he exciusi�e af any ❑ther rem�dy in this Deed of Trust �r by law
<br /> pra�i�ed ❑r permitt�d, hut ea�h shall be cumulati�e and shall be in addition to e�ery other remedy gi�en in this
<br /> Deed ❑f Trust or now or hereafter existing at law or in equity ❑r by statut�. E�ery power ❑r remedy gi�en by the
<br /> ��edit A�reement or any ❑f the Re�ated �vcuments to Trust�e ar Lender or to which either of them may be
<br /> a#h�rwise entitled, may he exercised, conGurrently or independently, fram tim� ta time and as ❑ften as may b�
<br /> deemed e�cpedient by Trustee or Lender, and either ❑� �hem may pursue inconsistent remed�es. Nathing in this
<br /> Deed ❑f Trust shall be construed as prahibiting Lender from seeking a d�ficiency ju�gment against the Trustor ta
<br /> the extent such a�tion is permitted by �aw.
<br /> Election of Remedies. All of Lender's rights and rem�dies will be �umulati�e and may be exercEsed aione or
<br /> together. If Lender d�cides to spend money nr ta perform any vf Trustor's obligatians under this Deed of Trust,
<br /> after Trustar's failure to d❑ so, that decision by Lender will not affect Lender's right t❑ declar� Trustvr in defauit
<br /> and to exercise Lende�'s rem�dies.
<br /> Request#or Nvt�ce. Trustor, on behalf ❑f Trustor and Lender, hereby requests that a c�py af any Notic� af Default
<br /> and a copy ❑f any Noti�� of 5ale under this Deed �f Trust be mailed to them at the addresses set forth in the first
<br /> paragraph ❑f this Deed of Trust.
<br /> Attorneys' Fees: Expenses. If Lender institutes any suit ar action ta enforce any ❑f the terms of this De�� ❑f
<br /> Trust, Lender shall b� entitled to reco�er sueh sum as the court may adjudge reasvnable as attorn�ys' fees at trial
<br /> and upon any appeal. Wh�ther or not any caurt actian is in�ol�ed, and t❑ th� extent not prohibited by �aw, all
<br /> reasanable expenses Lender incurs that in L�nder's opinian are necessary a� any time for the protectian of its
<br /> interest or the en�orGement❑f its rights shall beGome a part o#the Indebtedness payahle vn d�mand and shall bear
<br /> interest at the �redit Agreement rate firvm the date af the expenditure until repaid. Expenses co�ered by this
<br /> paragraph includ�, without limitation, howe�er subject to any limits under applicable law, Lender's attorn�ys' �ees
<br /> and Lender's legal exp�nses, whether or not there is a lawsuit, including attorneys' fees and expenses for
<br /> bankruptGy proceedings �including efforts to modify or �acate any autamati� stay or injunctionf, appea�s, and any
<br /> anticipated p�st-judgment collection ser�ices, the cost of searching records, o�taining title reports �including
<br /> for�clasur� repflrtsy, SurV�y�rS' rep�r�s, and appraisal fees, tit�e insuran�e, and �ees tor th� Trustee, to the extent
<br /> permitted by applicable law. Trustar als❑ will pay any court costs, in additian to all other sums pro�ided by Eaw.
<br /> M15CELLANEQUS PRDVISIaNS. The foilflwing misce#�aneous pro�isions are a part of this Deed of Trust:
<br /> �o�erniny Law. This Deed of Trust will he go�erned by federal law applicaE�ie to Lender and, to the exten# not
<br /> preempted by federal law, the laws ot the S#ate nf Nebraska withou# regar�!tv its �anflicts of law pro�isians. This
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