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2� 17� 125�
<br /> �EED �F TF�UST
<br /> �Corlt�nued} Page �
<br /> enfot�ce any of the co�enants hereaf; and
<br /> {c� Deli�er to Trustee a w�itten deciara�ion ❑f default and demand for sa�e and a w�itten notice vf defaul�
<br /> and election to cause Trustor's interes�'rn the Property to be so�d, which no�ice Trus�ee shal! �ause to be
<br /> dufy�iEed for�recnrd in the appr�pr�ate offi�e�of the County in which the Property is iacated; and
<br /> �d� VlJith respect to a1i o�any par�t of fY�e Personal Property, Lender shall ha�e all the rights and remedies
<br /> ❑fi a secu�ed parry under the Neb�aska Uni�arm Corxlmercial �ade.
<br /> ForecIosure by Power af�aie. If Lender eIects f❑�o�e��ose by exerGise ot�he Pawer of Sale he�ein contained,
<br /> Lender s�all notify Trustee and shafS depos3t with Trustee t'his Beed o�Trust and the Crediz Agreement and
<br /> such receip�s and e�idence o�F�xpenditures mad�and secu�ed by this ❑eed of Trust as 7rustee may require,
<br /> �a] Upon receipt af such nvtice from Lende�{Trustee shalI cause to �e recorded, published and deli�ered
<br /> ta Trus�or such Na�ice of De�aul�and Notice of Sale as then required by law and by this D�ed of Trust,
<br /> Trustee s�aff, without demand on Trus�rorr afte� such �im� as may then be required 1�y 1aw and after
<br /> recorda�ian of such Notice of Defauit and after No�ice of 5ale ha�ing been giuen as requi�ed by law, seII
<br /> the Prflpes�ty a�th� time and p�ace of sal� �i�ed by it �n such (�fltice of Sa��, either as a whole, or in
<br /> separate �ots or parcels ar items as Trus�ee shall deem expedien�, and in such❑rder as it may determine,
<br /> at publi� auction to the highest bidder for cash in lawtul money ❑f the United 5tate� payab�e �t the time
<br /> �f sale, Trustee shajI deii�er- t❑ such purchaser o�- purchaset-s thereof its good and sufficient deed a�
<br /> deeds conveying the property so sold, but with�ut any ca�enant or warranty� expCesS ar implied. The
<br /> recita�s in such deed ofi any r�atters or fa�ts shall be conclusi�e proaf of the truthfulness therevf. Any
<br /> pers�n, incfuding wi�hout limi�ation Tt�ustor-,Trustee, ❑r Lender, may purchase at such sale.
<br /> �bj As may b� permitted by faw, afte� deducting a1� cos�s, fees and expenses o� Trus�ee and ❑-�this
<br /> Trust, inGlud�ng ca�ts o�e�idance af�itle in connection with saIe�Trustee shalj apply the praceeds❑f saIe
<br /> fo payment of {i} aII sums expended under the terms of this ❑eed ot Trust o� under the terms of the
<br /> �redit Agr�ement not then repaid, including but not Iimited to accrued interest and late charges, {ii} ail
<br /> a�ther sums then secured hereby, and (iii� �he remainder, if any,�o the persvn or persons �egally entitled
<br /> there�v.
<br /> {c} Trus�ee may in the manne�pro�ided by Iaw pastpone sale of all or any partion of the Property.
<br /> Remedies �Iot ExcCusi�e. T�ustee and Lende�, and each o# th�m, shall be enti�led to en�orce p�yment and
<br /> performance o�any indebtedness or obligations secured by this 17esd ❑�`I�rust and to exercise all rights and powers
<br /> under�hi� Deed af Trust{ unde��he Credit Agreement, under any of the ReIa�ed Docurt�ents, or undet- any o�her
<br /> agreement or any Iaws now ar hsreaf-Cer in fo�ce; notwiths�anding� some ar a�� of such indebtedness and
<br /> obligatians se�ured by this Deed of Trust may now ar hereafter be ❑�herwise secured, whether by mart�ag�, deed
<br /> ❑f�rust, pledge, lien, assignment o�otherwise. Neither the acceptance ofi this Deed of Tr�ust nar its enfarcement,
<br /> whe�her hy court action or put~suant to the pawe�- af saIe or o�her� powe�~s contained in this ❑eed of Trust, sha�r
<br /> prejudi�e or in any manner afFect Trustee's or Lender's right to r�ealize upon or enfvrce any other security now or
<br /> h�r�af�er held by Trustee ❑r Lender, �t being agreed tha�`1'rustee and Lender, and each ❑f�hem, shal! ae enti�led�a
<br /> enfo�-ce �his ❑eed of 7'rust and any athe�- security now or he�eafter held by Lender or Txustee in $uch order and
<br /> manner as they or either ❑f them may in th�ir� absolute disGrefiion de�e�-mine, N❑ �emedy cvn�erred upon or
<br /> reserved �o T�ustee or Lender� is in�ended to �e exclusi�e a� any ather remedy 4R tt7IS Deed af Trust or by Iaw
<br /> provided vr permitted, but each shall be cumu�ative and shall be in addi�ion �a e�ery ather remedy gi�en in this
<br /> ❑eed a�F Trust ar now ar hereafter existing at law v�in equi�y ar by sta�u�e. E�ery pawer or remedy gi�en by the
<br /> Credi� Agreement or anY o� �he ReIated Documen�s to Trus�ee vr� Lende�- ar t❑ which ei�he� af rthem may be
<br /> a�herwise entitled, may be exerGised, conGurr-en�ly a�- independently. �rom time �a time and as ❑ften as may be
<br /> deemed expedient by Trustee or tender, and eit�er of them may pursue inGonsistent remedies. N��hing in thi�
<br /> Deed of Trust shall be canst�-ued as prohibiting Lender �rom seeking a de�iciency judgment a�ainst-�he T�ustor�o
<br /> �he ex�ent such activn is perm�tted I�y faw.
<br /> EIection of Remadies. AII �f Lender's �ights and t�emedies wiII be cumuIa-ti�e and may be ex�rcised aIone ❑r
<br /> together. if Lender decides �o sp�nd man�y or tv perForm any of Trustar's obligations under�thas ❑eed of Trust,
<br /> after Trus�nr's taiIure �o do so, �hat de�ision by Lende�will not af-fecf Lende�'s right t❑ decia�e Trus�ar in default
<br /> and ta exercise Lender`s �emedies.
<br /> Request for 1Votice. Trustor. an behaIf ofi Trustar and Lender, hereby reques�s that a capy❑f any �otice o�F De�auIt
<br /> and a capy o�any hlotice of 5a1e under this ❑eed of Trust be mai2ed ta them at the addr�esses set forth in the first
<br /> paragraph af�his ❑�ed ❑f Trust,
<br /> �4tkarneys' Feesr Expenses. ff Lend�r institu�es any suit or- ac�ion to enforce any of the terms ❑f �his Deed ofi
<br /> Trustr Lender shall be entitied-to reca�er such sum as the �our-r may adjudge reasanable as attQrn�ys` fees at trial
<br /> and upon any appeal. Whe�her ❑r nvt any �ourt action is in�ol�ed, and to the extent na� prohibit�d by Iaw, aII
<br /> reas�nable expenses Lende� incurs �hat in Lender`s opinion are necessary at any time �ar �he protec�ian of i#s
<br /> in�erest or the enforcem�nt of its rights shai� �ecame a part of the Indebtedness paya�fe on demand and shat� bear
<br /> int�rest at the �redi� Agreement �ate f�am �h� da�te of �he expenditure untif repaid. Expenses covered by this
<br /> paragraph include, w�thout jimitati�n, hawe�e�subject�n any �imits under appIicab�e �aw, Lender's attorneys' fees
<br /> and Lender's Iegal expenses� whe�her or not �khere is a lawsu��� includin� at�arneys' fiees and expanses for
<br /> bankruptcy p�-oceedings (inc4udsng ef-f�rts ta madify ar vacate any autvma�ic stay ❑r injunction), appea�s. and any
<br /> anticipated past-judgment collection services, -�he cost of searching records, obtaining titIe reports {inaiuding
<br /> foreclosure reports}� sur�eyors' reports, and appraisa! f�es,titIe insurance, and #ees fo�-the Tr�stee,to�h� extent
<br /> permitCed by applica�le �aw, Trustor also will pay any court costs, in addition to all other sums pr-o�ided by law.
<br /> Riyhts of Trusfee. Trustee sha�� have aIr of the�ights and duties of Lende�as set#vrth in�his section.
<br /> P�IJVERS AND OBLIGATIQNS DF TRUSTEE. The foll�wing pra�isions rela�ing�o the powers and ❑bliga�ions of Trustee
<br /> are part❑�th�s Deed❑�Trust:
<br /> Powers af Trustee. In addition to a�i powers of Trus�ee arising as a mat�er af�aw,Trus�ee shall ha�e th�power�o
<br /> take the�aIIowing ac�ions with respect ta the Property upon the written reques�of Lender and T�ustvr: �a} join in
<br /> preparing and filing a map ❑r p�at of the Real Property, including the dedication af streets o�- othe�- rights to the
<br /> pubIic; {�y �vin in granting any easem�nt or creating any restriction an -�he Real Property; and �c� join in any
<br /> suba�dination o�other�greement affe�ting this Qeed ❑�Trust❑r the interes�of Lender under this Deed af Trust.
<br /> Trus�ee. Trustee shail meet aI� qualifications required fvr Trustee under applicabl� Iaw. Cn additian to the rights
<br /> and remedies set forth �bove, with respect to_a1i ar any part of the Property, the Trustee sha�� have the right fi�
<br /> fo�eclose by notice and saIe, and Lender wiI1 have the righ�to for�close by judi�ia! fn�ecfasure, in ei�her case in
<br /> accardance with and ta the�fu1l extent provided by applicable [aw,
<br /> Successor Trustee. Lender, at Lender's op��on, may�rom time to�ime appoint a successar Trustee t❑ any Trus�ee
<br /> appvinted under this Deed a�T�ust tay ar� instrument execu�ed and acknowledg�d by Lender and recorded in the
<br /> office of the �ecorder ofi Ha�l Cvunty, State o�F Nebraska. The instrument sha[l �ontain, in addition to all o�her
<br /> matters requir-ed �y state law, the names of �he vriginal Lende�, Trustee, and 7'rustar, the book and page {or
<br /> computer sys�em reference} where this D�ed of Tru�� is reco�ded, and �he name and address of �he successor
<br /> trusteer and the instrumen��haI� be execufed and acknowIedged by a��the beneficiaries under�h�s Deed v�Trust❑r
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