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2� 1 ��8558
<br /> DEED �F TRUST
<br /> ��ontinued� Page 5
<br /> and e�ecfiivn to caus�Trust�r's interest in�h� Praperty to be sold, which not�ce Trus�ee shall Cause to be
<br /> duly f��ed for reco�d in�he appropriate offices v�the County in which�he Property is located; and
<br /> �d� With respect t❑ all or any part o�the Persvnal Prvperty, Lender shall ha�e a�� the rights and rem�dies
<br /> of a secured pa�ty under the N�braska Un��orm Commercial Code.
<br /> Foreclosure hy Pvwer of Sale. I�L�nd�r elec�s ta�vreclase by exercise vf the P�wer o#Sale herein �ontained,
<br /> Lender shall no�ify Trustee and shall deposit with Trustee #his Deed af Trust and the Credit Agreement and
<br /> such receipts and e�idence of expenditures made and se�ured by this Deed of Trust as Trus#ee may r�quire.
<br /> 4ay Upon rece�pt�f su�h raotice from Lende�r, Trustee sha�� �ause to he recorded, published and deli�ered
<br /> to Trustor such Notice of ❑e�aul� and Not�ce af 5ale as then required by law and by this Deed of Trust.
<br /> Trustee shall, without demand an Trustor, after such �ime as may then be required �y law and aft�r
<br /> r�cordation flf such Nvtice o� �efault and after Notice v� 5ale ha�ing been gi�en as r�qufred by �aw, sel[
<br /> fihe Property at the time and place ❑� sale fixed �y it in such No�ice ❑� Sale, ei�her as a whole, or in
<br /> separa�e lots or parcefs ❑r items as Trustee shall deem expedient, and in such arder as it may determine,
<br /> at public auction tv the highest bidder far cash in law�ul money of the United States payatale at the time
<br /> of sa�e. Trustee shall deli�er to such purchaser ar purchasers thereo� its good and sufficient deed vr
<br /> d��ds con�eying the praperty sv sv[d, but wi�hout any co�enant or warranty, express ar implied. The
<br /> recitals in such deed o� any matt�rs or facts shall be canclusi�e proo� Q� the truthfu�n�ss thereafi. Any
<br /> p�rsan, including withaut limi�a�ivn Trustor, Trustee, ar Lender, may pu�chase at such sale.
<br /> �h} As may be permitted �y law, a�ter deduct�ng a�� costs, fees and expenses of Trus�ee and ❑f this
<br /> T�us�, including cvsts of e�idence a�titl� in cannection wi�h sa[e, Trustee shall apply the proceeds of saie
<br /> �o payment of �ij ali sums expended under the te�ms of this Deed vf Trust or under the terms o� the
<br /> Credi� Agre�ment not then repaid, including but nat limi�ed to accrued in�erest and late charges, �ii} all
<br /> ather sums then secured hereby, and �iii� �he remainder, if any, t❑ the person or persvns legally �ntit{ed
<br /> thereto.
<br /> �c� �rustee may in the manner prv�ided by law pastpvne sale v�al�or any portion a�the Prvperty.
<br /> Rerr�edies No� Exclusi►►e. T�ustee and Lender, and �ach vf �hem, shall he entitled to en�orce payment and
<br /> performance❑�any indebt�dness or obl�gativns secur�d by this Deed of Trust and ta exer�ise all rights and pawe�s
<br /> under �his Deed o� Trust, under the Credit Agreement, under any o� �he Related Documents, or under any other
<br /> agreemen� �r any laws nvw ❑r her�a#ter in #orce; notwi�hstand'€ng, svme or a[l o� such indek�tedness and
<br /> �bligat�ans secu�ed by this ❑eed of Trust may now ❑� hereafter be otherwise secured, wheth�r by m�rtgage, deed
<br /> of trust, pledge, [ien, assignment or otherwise. Neither the a��eptance of this Deed o�Trus� nor its enforcement,
<br /> whether by court acti�n vr pursuant tfl the pvwer of sale ar �ther powers conta�ned in this ❑eed v� Trust, shall
<br /> prejudice vr in any manner aff�c# Trustee's or Lender's right#� r�alize upon or en�orce any o�her security nvw vr
<br /> herea�ter held by Trustee or Lend�r, it being agreed tha�Trustee and Lender, and each of them, shal� he en�itled to
<br /> enforce this ❑eed o� Trus� and any other security now vr her�a#ter held by Lender or Trustee in such Qrder and
<br /> manner as they or either ❑f them may in their absolute disc�etivn determine. Na remedy c�n��rred upon vr
<br /> reser�ed to Trus�ee ❑r Lender, �s intended t� he exclusi�e a� any o�her remedy in this Deed Q� Trus� ar by law
<br /> pravided or permitt�d, but each shall be cumulati�e and shall b� in additian tv e�ery other remedy gi�en in this
<br /> Deed ❑f Trust ar now or herea�ter existing at law or �n equity or by statute. E�ery pvwer vr remedy gi�en hy �he
<br /> Credit Agreement vr any of �he Rela�ed Documents to Trustee or Lender or tfl whi�h e�ther o� them may be
<br /> otherwis� en�itled, may be ex�rcised, concurrently or ind�pendently, frvm �ime to time and as a�ten as may be
<br /> deemed expedient by Trustee vr Lender, and either af them may pursue incvnsistent rem�dies. Nvthing fn this
<br /> ❑eed of Trust shall be construed as prvh�biting Lender from seeking a de�i�iency judgment against the Trustor to
<br /> the exten�suGh activn is permi�ted by �aw.
<br /> Elect�on of Remedies. Af� o�F Lender's rights and remedies will he cumu�ati�e and may be exercised a�one or
<br /> together. If Lende� decides to spend maney or to perform any of Trustor's vbliga�ions under this Deed o�Trust,
<br /> af�er Trustor's failure to do so, that decis�vn by Lend�r will nat affect L�nder`s right to declare Trustor in default
<br /> and to exercise L�nder's remedies.
<br /> R�quest�or Noti��. Trusto�-, on hehal�af Trus�or and L�nder, hereby reques�s tha#a copy of any Natice af❑efault
<br /> and a copy o�any Noti�e vfi 5ale under this Deed of T�ust be mailed to them at�he addresses s��forth in the firs�
<br /> paragraph of th�s Deed o�Trust,
<br /> Attvrneys' Fees; Expenses. lf Lend�r institutes any sui� ar action ta enforce any ❑� the terms a� this ❑eed of
<br /> Trust, Lend�r shall be entitled ta reca�er such sum as the �ourt may ad�udge reasonab�e as a#tvrn�ys' fees a��rial
<br /> and upon any appeai. Whether or not any court action is �n�ol�ed, and to the �xtent not proh�hited by law, all
<br /> reasanab[e expenses Lender incurs �hat in Lender's opinion ar� necessary at any time �or �he prate�tion of its
<br /> inter�s#ar the enforcement of its r�ghts shall became a part o�the Indehtedness payable on demand and shall bear
<br /> interest at #he Cr�dit Agreement rate �rom the date of th� expendi�ure until repaid. Expenses co�ered by �his
<br /> paragraph include, without limitativn, howe�er suhject to any limits under applicak�le law, Lender's a��vrneys' fees
<br /> and Lender�5 lega� expenses, whe�her or nvt �here is a (awsui�, inCluding attvrneys' fees and expenses �o�
<br /> bankruptcy proceedings �including efforts ta modify or �acate any au�omatic stay or in�un�tion�, appeals, and any
<br /> anticipated pvst-judgment callection ser�ices, the cost o� searching records, obtaining title r�ports �includ�ng
<br /> forecl�sure reports3, sur�eyars' repor�ts, and appraisal fees, title insuranc�, and fees �vr the Trustee, to the extent
<br /> permitted by�ppficable law. Trus�vr a[so wil� pay any court casts, in addit�on to all other sums pro�ided by law.
<br /> Rights of Trust�e. Trustee shall ha�e all of�he rights and du�ies af Lender as set forth in this sec�ion.
<br /> PDWERS AN� ❑BLIGATI�NS ❑F TRUSTEE. The fiollov+ring pra�isions refating �o�he powers and obligations o�Tru��ee
<br /> are part o�this ❑�ed flf Trust:
<br /> Powers a�Trus#ee. �n additivn to all pvwsrs of Trustee arising as a matter af law, Trustee shall ha�e�he pawer to
<br /> tak� the foC�ow�ng a�t��ns wi�h respect to�he Property upan#he written request vf L�nder and TrustQr: �a} jvin in
<br /> preparing and filing a map or p[at of the Reaf P�operty, including the dedication af streets or othe� rights �o the
<br /> pub�ic; �bf �oin in granting any easemen� or cr�at�ng any restrictian on fihe Reai Property; and �c� join in any
<br /> suhordination or other agreement a#fecting th�s Deed of Trust or the interes�of Lender under this Deed vf Trust.
<br /> T�ustee. Trustee sha!! meet alf �ua�ifications required for Trustee under applicable �aw. �n add�tion �❑ the rights
<br /> and remedi�s set forth abo�e, with respect to a1� ❑r any part o� the Property, th� Trustee shall ha�e the right to
<br /> foreclose �y nv�ic� and sale, and Lender wifl ha�e the right �a fvreclvse by judiciai �areclosure, in ei�her case in
<br /> accvrdance with and to�he�u��extent pro��ded by applicab[e law.
<br /> 5uccessor Trust�e. Lender, at Lender's optifln, may#rom�ime to time appoint a suc�essor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknawledged by L�nde� and recorded in the
<br /> offi�e o� the recvrder af Hall County, State of Nebraska. The instrument shall contain, in addi�ion #o all other
<br /> matters required by state larrv, the nam�s of �he original Lender, Trustee, and Trustor, the bvok and page tor
<br /> cvmputer system reference� where this Deed of Trust is recorded, and #he name and address of th� successvr
<br /> trustee, and the instrument shall be executed and acknowledged by a��the �enefi�iar�es under this Deed o�Trus�or
<br /> their su��ess�rs in interest. The su�cessvr trustee, withaut �on�eyance of the Property, shall succe�d �o all the �
<br /> ti#�e, power, and duties �onferred upon the Trustee in this Deed o�Trust and by app[��able �aw. This pracedure�vr
<br /> substitu�ion o�Trustee shall go�ern to the exclusion ofi all o�her pro�isions for subs�itution.
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