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2� 1 ��8�2�
<br /> DEE� �F TRUST
<br /> Laan Nv: 'I�13�D�3� �Cantinued� Page 4
<br /> ❑�a secured party under the Nebraska Unifarm Cammercial �ade.
<br /> Fvreclvsure by Pawer of Sale. If Lender elects to fore�lvse by exerGise ❑f the Pvwer af 5ale herein cantained,
<br /> Ler�der sha�� notify Trustee and shall depasit with Trustee this Deed ❑f Trust and the Credit Agreement and
<br /> su�h receip�s and e�idence❑f expenditures made and secured by this De�d of Trust as Trustee may require.
<br /> �a� Upon receipt of su�h notice frvm Lender, Trustee shall cause to be recorded, puhlished and deli�ered
<br /> t❑ Trust�r su�h N�tice af Default and Nvtice ❑f Sal� as then required by law and by this ��ed �f Trust.
<br /> Trustee shall, without demand on Trustar, aft�r su�h time as may �hen be required by law and after
<br /> recordativn vf suCh Natice vf ❑e�ault and after Nc�tice of Sa�e ha�ir�g b��n gi�en as required by law, sell
<br /> the Property at the time and place of sale fixed by it in such N�tice ❑f Sale, either as a whole, ❑r in
<br /> separate lats ❑r parce�s ❑r it�ms as Trustee shall deem exp�di�nt, and in such ❑rder as i� may determine,
<br /> at public auction to the highest bidder f�r cash in lawful money vf the lJnited 5tat�s payabl� at the time
<br /> of sale. Trustee shal( de�i�er tv such purchaser ❑r purchasers th�reof its gaad and su##icient deed or
<br /> deeds con�eying the property s❑ sold, but withvut any co��nant ar warranty, express ❑r implied. The
<br /> recitals in such deed ❑t any matters or facts shall be conclusi�e proof af the truthtuiness thereof. Any
<br /> p�rson, including withaut limitatian Trustor, Trustee, ar Lender, may purchase at such sale.
<br /> �b� As may �e perm�tted by law, after deducting all casts, fees and expenses of Trustee and of this
<br /> Trust, inciud'+ng costs o#e�idence ❑f title in cannectian with sale, Trustee shall apply the prviceeds vf sale
<br /> t❑ payment ❑f �if all sums expended under the terms ❑f this �3eed vf Trust ar under the terms of the
<br /> Credit A�reement not then repaid, including hut not limited ta a�crued interest and late charges, �ii} all
<br /> ather sums then se�ured hereby, and �iiiy the remainder, if any, to the person or persvns legally enti#fed
<br /> ther�t�.
<br /> ��} Trustee may in the manner pra�id�d by law postpane sale of all ❑r any portian of the Property.
<br /> Remedies No# Exclusirre. Trustee and Lender, and each of them, shall be �nti�led ta enfarce payment and
<br /> performance af any indebtedn�ss ar vbligations secured by this Deed o�Trust and to exercise all rights and powers
<br /> under this Deed ❑f Trus�, under the Credit Agreement, under any of the f�elated Uocuments, or under any �ther
<br /> agr�emen� vr any laws now �r hereafter in f�rce; notwithstanding, some or all vf such indebtedness and
<br /> obligations secured by this ❑eed v#Ttust may naw or hereafter be Qtherwise secured, whether by m�rtgage, deed
<br /> of trust, p�edge, iien, assignment vr vtherwise. Neither the acceptance ❑f this Deed af Trust nor its enfar�ement,
<br /> whether by court activn or pursuant to the power af sale ❑r ather powers cantained in this D�ed vf Trust, shall
<br /> prejudice or in any manner af�eGt Trustee's ❑r Lender's right tv r�a�ize upvn ar enfarce any vther security now or
<br /> hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and eaGh af them, shall be entitled ta
<br /> enfvrce this Deed of Trust and any nther se�urity n�w ar hereafter held by Lender or Trustee in SIJCEI ❑rd�r and
<br /> manner as they or either of them may in their absolu#� discretion determine. Na remedy canterred upon or
<br /> reser�ed to Trustee or Lender, is intended to be exclusi�e of any other remedy in this Qeed �f Trust o�- by law
<br /> pro�ided ❑r permit�ed, but each shall b� cumulati�e and shall be in addition to e�ery ather remedy gi�en in this
<br /> Deed ❑f Trust ar now or hereafter existing at !aw �r �n equity or by statute. E�ery power or remedy gi�en by the
<br /> �redit Agreement vr any of the Related Dvcuments t� Trustee ❑r Lender or to which either �f them may be
<br /> �therwise entitled, may be exercised, cancurrent�y or independently, from time to time and as ❑ften as may be
<br /> deemed expedient by Trustee or Lend�r, and either vf them may pursue inconsistent remedies. Nothing in this
<br /> Deed of Trust shall be �onstrued as prohihiting Lender fram s�eking a deficiency judgment against the Trustor to
<br /> the extent such a�tivn is permitted by law.
<br /> Election af Remedies. AE! ❑f Lender's rights and remedies will be cumulati�e and may be exerc�sed aione r�r
<br /> together. If Lender decides t� sp�nd money or t❑ perform any ❑f Trustor's obligatians und�r this Deed of Trust,
<br /> afte� Trustor's �ailure to d❑ so, that decisivn hy Lender will not affect Lender's right t❑ declare Trustar in de�auit
<br /> and t❑ exercise Lender's remedies.
<br /> Request for Notice. Trustar, on behalf of Trustvr and Lender, hereby requ�sts that a capy of any Notice ❑f Defau�t
<br /> and a copy vf any Notice �f 5ale und�r th�s Deed vf Trust be mailed to them at the addr�sses set forth in the first
<br /> paragraph a#this D�ed ❑f Trust.
<br /> Attorneys' Fees; Expenses. if Lender institutes any suit ar a�tian ta enfor�e any ❑f the terms ❑f this �eed of
<br /> Trust, Lender shall b� entitled tv reco�er such sum as the court may adjudge reasonab�e as attarneys' fees at trial
<br /> and upon any appeal. Whether ❑r not any cour� action is in�vl�ed, and to the extent not prohihited by law, all
<br /> reas�nable expenses Lender incurs that in Lender's opinivn are necessary at any time for the protection o# its
<br /> interest❑r the enforcement❑f its rights shall become a part of the fndebt�dness payab�e ❑n demand and shall bear
<br /> interest at the Cr�dit Agreement rate from the date �f th� expenditure until repaid. Exper�s�s co�ered by this
<br /> paragraph include, without limitation, h�we�er subjec� to any lirnits under applicable law, Lender's attorneys' fees
<br /> and Lender's legal expenses, whether or nat there is a lawsuit, including attorneys' fees and expenses for
<br /> bankruptcy proceedings �in�luding effarts tv m�dify or Wacate any autvmatic stay or injunctiany, appeais, and any
<br /> anticipated past-judgm�nt colle�tion ser�ices, the cost vf searching records, obtaining title rep�rts �in�luding
<br /> forec�osure reports�, sur�eyors' r�ports, and appraisal fees, title insurance, and fees far the Trustee, tv the �xtent
<br /> permitted by applicable law. Trustor also will pay any court costs, in addit�on ta all other sums prv�ided by �aw.
<br /> MISCELLANEDUS PROV151�NS. The f��Iawing miscellanevus pra�isi�ns are a part vf this Deed of Trust:
<br /> Governing Law. This Deed vf Trust will he 9o�erned by federal law applicahle to Lender and, to #he extent not
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