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2� 1 ��85�3 �EED �F TRUST Loan No: 7 D13�D�38 ��ntinued� Page 4 en�orce any vf the co��nants hereof; and ��f Deii�sr to Trustee a writt�n declaration of d�fault and demand for sale and a written n�tice of defauit and electivn t❑ cause Trustor's interest in the Praperty to he sold, which notice Trustee shall cause ta be duly filed far record in the appropriate atfices �f the C�unty in which the Property is lacated; and �d} With respect t❑ all vr any part�f the Personal Property, Lender �hall ha�e all the rights and remedies ❑f a secured party undsr the Nebraska Unifarm Commerciai Code. Foreciosure by Power of Safe. if L�nder elects to fore�lose by exercise nf the Pvwer�f Sale herein contained, Lender shall notify Trustee and shall deposit with Trustee this ❑eed of Trust and the �redit Agreement and such receipts and e�idence of expenditures made and secured by this ❑eed af Trust as Trust�e may require. {af Upon receipt of such noti�e from Lender, Trustee shall cause to be recarded, published and deli�ered to Trustat such h�atice ot Detault and Not+ce at 5ale as then requ�red by !aw and by this De�d of Trust. Trustee shall, with�ut demand an Trustar, aft�r such time as may then be required by law and a�ter recordation of suCh Notice ❑f ❑efault and after Nvtice ❑f 5ale ha�ing he�n gi�en as required by law, sell the Praperty at the time and p1a�e of sale fixed by it in such Notice �� 5ale, ei�ther as a whole, or �n separate �ats or parcels o�items as Trustee si�al�deem expedient, and in$uch order as it m�y determine, at public auction to the highest bidd�r for cash in �awfu! maney of the United States payable at the t�me of sale. Trustee shall deti�er ta such purchaser ❑r purchasers thereaf its goad and suf�icient deed ar deeds con�eying the prvperty sa sald, but withnut any co�enant or warranty, express vr implied. The recitals in such deed af any matters ❑r facts shal( be canciusi�e prvaf af the truthfulness thereof. �4ny person, incEuding without fimitation Trustor, Trustee, or Lender, may purchase at such sale. �� As may be permitted by la►rv, af#er deducting all �osts, tees and expenses ❑f Trustee and af this Trust, ineluding costs ot evidence at title in conn�ction wi�h sale, Truste�sha�� appiy the proceeds af sale to payment af {i� all sums expended under the terms �f this Deed of Trust ❑r under the terms of the Credit Agreement nvt then repaid� in�luding but n�t limited to accrued interest and la�e charges, t�+y all other sums then secured hereby, and �iii} the remainder, if any, ta the person ar persvns iegally entitled thereta. �c} Trustee may in the manner prn�ided by �aw postpane sale of all ar any portion❑f�he Property. Remedies Not Exclusive. Trustee and Lender, and each ❑f them, shall �e entitled to enforce payment and performan�e ❑f any indebtedness or obligations secured by this ❑eed af Trust and t❑ exercise a�l rights and pawers under this �3eed of Trust, under the C�edit Agreement, under any af the Related DoGuments, �r under any other agreement �r any laws now o� hereafter in force; nvtwithstand�ng� some or all q� such indebtedness and ❑hligativns secured by this ❑eed flf Trust may now ar hereafter be otherwise secured, whether by mvrtgage, deed af trust, pledge, 1ien, assignment or vtherwise. Neither the acceptance of this Deed vf Trust nor its enforcement, whether by c�urt activn ar pursuant ta the power o� sate ❑r ❑ther pvwers cvntained in this Qeed of Trust, sha11 p�ejudice or in any manner af�ect Trustee's or Lender's right to reali�e upvn ar enforce any vth�r security now ❑r hereafter held by Trustee ❑r Lender, it being agreed that Trustee and Lender, and each vf them, shall be entit�ed tv enfarce this Deed af Trust and any ather se�urity nvw ❑r hereafter heid by Lender or Trustee in such order and manner as they ❑r �ither of them may in their a�solut� discreti�n determine. N� r�medy conferred upon or reser�ed t� Trustee or Lender, is intended t❑ be exc�usi�e ❑f any vther remedy in this Deed vf Trust or by law pro�ided ar permitted, but each shail be �umuiati�e and shall be in add�tion ta e�ery other remedy gi�en in this ❑eed ❑f Trusx or norrv ar hereafter existing at law ar in equity ar by statute. E�ery power ❑r remedy gi�en by the Credit Agreement ❑r any of ths Rslated Documents to Trustee ar Lender or to which e'rther o� them may be atherwise entit[ed, may be exercised, cnncurrently vr independently, from time to time and as vften as may be d�srr:ed expedient hy Trustee or Lender, and either of them may pursue incvnsistent reme�ies. Nothing in this Deed vf Trust sha�l be canstrued as prahi�iting Lend�r from seekin� a defiGiency judgment against the Trustar ta the extent such aGtion�s permitted by law. Ete�tivn af Remedies. All af Lend�r's rights and remedies will b� cumulati�e and may be exercised alane ot �ogether. l� Lender decides ta spend money or to perfarm any ❑f Trustvr's obligations under this ❑e�d af Trust, aft�r Trustar's failure to do so, that decision by Lende� w�li na� a�fect Lender's right to de�lare Trustar in d�fault and ta�xer�ise Lender's remedies. Request far Natice. Trustor. on beha�f of Trustor and �ender, hereby requests that a capy at any �vtice af❑etau��t and a copy of any N�tice❑f Sale under this Deed af Trus# be mailed to them at the addresses set #arth in the first paragraph of this aeed vf Trust. Attarneys' Fees; Expenses. lf Lender institutes any suit or action tv enforce any of the terms of this Deed ❑f Trust, L�nder shall be entitled to reco�er such sum as the caur�may adjudge rsasonable as attorneys' fees at trial and upan any appeal. Whether or not any court action is in�oi�ed, and t❑ the extent not prahibited by law, all reasvnable expens�s Lender incurs that in Lender's opinion are neGessary at any �ime for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payabls �n demand and shall bear interest at the Credit Agreement rate fr�m the date of the expenditure until repaid. Expenses co�rered by this paragraph include, withvu# limitat�on, howe�er sub�ect to any limits under appli�able iaw, Lender's attvrneys' fees and Lendsr's lega! expens�s. whether vr not there is � lawsuit, including attarneys' fees and expenses for hankruptcy proeeedings {including ettorts to modity �r �a�ate any �utomati� stay ❑r injun�tion�, appeals, and any