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2� 17��8�7
<br /> DEED �F TRUST
<br /> ��antinued} Page �
<br /> vf Trust, a�i in such order as Lender may d��ermine. The entering upon and taking possession �f the
<br /> Proper�y, the collec#iv� of such rents, issues and profts, and the applica�ion �hereof sha�l not cure vr
<br /> waiWe any defau!# or no�iee of defau[� under this Deed af Trus� or in�alida�e any ac�dvne in response�o
<br /> such default or pursuant�v such no�ic�of de�ault; and, notwi�hs�anding fihe con#inuance in p�ssession of
<br /> the Prope�ty or th� co�lection, receipt and application a� rents, issues or profits, Trustee or Lender shall
<br /> be entitled to exercise e�ery righ�pro�id�d for in the Credit Agreemen� or�he Related Dacuments or by
<br /> !aw upon#he occur�ence of any e�ent af de�ault, inc�uding the right to exerc�se the pawer o�f sale;
<br /> �b} Commence an action to foreclose�his �eed o�Trust as a mo�tgage, appoint a recei�er or specifically
<br /> enforc�any of the co�enants hereof; and
<br /> �c} D�li�er#o Trustee a wr�tten declaratian af defau[�and demand for sale and a written no�ice vf default
<br /> and ��ectivn to cause Trus�or's interest in the Property to be sold,which no�ice T�ustee shall cause to be
<br /> du[y filed for recnrd in�he appropria#e offc�s of the��un�y in which the Property is loca�ed; and
<br /> �d} With respect to all or any part afi�he Persona[ Proper�y, Lender shall ha�e ali the rights and �em�dies
<br /> of a secured par�y under�h� N�braska Uniform Commerc�al Code.
<br /> For�c�osure hy Power of Sa�e. If Lende�elec�s to foreclose by exe�cise of th� Power of Sale herein con#ained,
<br /> L�nder shal! notify Trustee and shall deposit with Trus�ee this De�d of Trust and #he Credit Agreement and
<br /> such receipts and e�idence a�expenditures made and s�cured by this Deed of Trust as Trustee may require,
<br /> �a} Upon receip��f such not�ce from Lender, Trustee shaf! cause to be recorded, publ�shed and de[i�e�ed
<br /> �a Trustor such Notice o�Defau�t and Notice of Sa1e as then required by law and by this Deed o�Trusf.
<br /> Trustee shalf, without demand on Trustor, after such time as may then be required by faw and after
<br /> recordation of such Na�ice of Default and aft�r Natice ot Sa[e ha�ing �e�n gi�en as required by law, sel!
<br /> the Property a# the time and place af sale fxed by it in such No�ice �f 5ale, ei�her as a whvfe, o� in
<br /> separate lats or parcefs or items as Trustee shall deem expedien�, and in such order as it may de�ermine,
<br /> at publi�auction ta the highest bidder for cash in fawfu� money of the Un�ted States payab�e afi th�tim�
<br /> of sa1e. Trustee shal� deiiver ta such purchaser ar purchasers thereof its good and sufficien� deed or
<br /> deeds con�eying the prope�ty sa sold, but without any c��enant or warranty, express or [mplied. The
<br /> reci�a[s in such deed of any matters or facts sha[� be conelusi�e proof of the t�uthfulness thereof. Any
<br /> pe�san, inc�uding withau#iimitation Trustor, Trus�ee, o�Lender, may purchase a�such sale.
<br /> �b} As may be permitted by law, after deducting al{ costs, fees and expenses of T�ustee and of �his
<br /> Trus�, including cos�s o�eWid�nce o#t�tle in connection with sale, Trustee shall apply the proceeds of saie
<br /> to paymen� of �i} ali sums expended under �he #erms o�this Deed o�Trust or under the terms of the
<br /> Credit Agreemen� not then repaid, in�luding but nnt limited to accrued interest and late charges, �ii} al[
<br /> other sums then secu�ed hereby, and �iii} the remainder, if any, to #he person or persans [egally entit�ed
<br /> �hereto.
<br /> (c} Trustee may in�he manner pro�ided by law p�stpone sale of a11 or any por�ian o�the Proper�y.
<br /> Remedies Not Exclusi�e. Trus�ee and Lender, and each o�f #hem, sha�1 be ent�tied tv �nforce payment and
<br /> performance of any indebtedness or obligations secu�ed by this aeed o�Trust and to exercise a!1 righ�s and powers
<br /> under this Deed of Trust, under the Credi� Agreement, under any �f�he Rela�ed Dacuments, or under any o�her
<br /> agreement or any �aws now or hereafter in force; notwithstand�ng, some o� ali ofi' such indebtedness and
<br /> obligations secured by�his Deed fl�Trust may naw vr hereafter be o�henrv�se secured, vuhether by mortgage, deed
<br /> vf trust, pledge, lien, assignment ar otherwise. Neith�r the acceptance of�his D�ed of Trust nor i�s enforcernent,
<br /> whether by court action or pursuant�o th�; power �f sa�e or other powers �ontained in �his I3eed of T�us�, shal�
<br /> pre�ud�ce or in any manner aff�c�Trustee`s or Lender's right to rea�ize upon or en�orce any other se�urity now or
<br /> hereafter held by Trustee or Lender, it be�ng agreed tha�Trustee and Lender, and each af them, sha�l be�ntitled t�
<br /> enforce �his Deed of Trust and any other security nvw or hereafter held by Lender or Trustee €n such order and
<br /> manner as they ar either of them may in their a�solu�� discre�ian determine. No remedy con�erred upan o�
<br /> reserved to Trus�ee ar Lender, is intended �o �e exclusi�e o�' any o�her remedy in th�s Deed ofi Trust or by law
<br /> pro�ided or permitted, but each sha11 he cumu�a�i�e and sha1C be in addition to every other remedy g��en in this
<br /> De�d o�'Trust or navU or her�after exis��ng at law or �n equity ar by statu�e. Every povuer ar remedy gi�en by the
<br /> Gredi� Agreement or any o� �he Re�ated ❑ocuments to Trustee or Lender or �o wh�ch either of them may b�
<br /> othen�vise entitled, may be exercised, con�urren#ly or independently, from time �o time and as often as may be
<br /> deemed expedient by Trustee or Lend�r, and ei�her of thern may pursue incansistent remedies. Nathing in this
<br /> Deed of Trust sha�l be �ans�rued as proh�b�ting Lender�rom seeking a defici�ncy judgment against�he Trus�or to
<br /> the extent such action is permitt�d by law.
<br /> Election of Remedies. AI� of Lender's rights and remedies will be cumulati�e and may b� exercised a�vne or
<br /> toge�her. ��F Lender decides to spend money or to perform any of Trus�or's ob�igatians under�his Deed vf Trust,
<br /> after Trustor`s fiailure to da so, that decision by Lender will n�t a�fect Lender's r�ght#o declare Trusto�in default
<br /> and�o exercise Lender's remedies.
<br /> Reques�for Notice. Trusto�, on behalf�f Trustar and Lender, hereby requests that a copy o�any Notice of Defaul�
<br /> and a copy a�any Notice o�'Sa�e under this De�d of Trust be mailed to them at the addresses se�fo�th in�he first
<br /> paragraph of�his Deed of Trus�.
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