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2� 17� 1283
<br /> �EED �F TRUST
<br /> tContinued} Page 5
<br /> en�orce any ofi the co�enants hereof; and
<br /> (c) Deli�er to Trus�ee a written deciaratian of default and demand fo�sale and a w�-itten notice af default
<br /> and e�ection�o cause Trusto�'s in�erest in�he Proper�y to be sold, which natice Trustee shall �ause to be
<br /> duly filed for recard in the appropriate affices o�the County in which�he Property is located; and
<br /> {d� Wi�h �espec��o all or any part af the Personal Property, Lende�shall ha�e all the rxghts and rem�dies
<br /> o�a secur�d party under the Nebraska lJniform Commercial Code.
<br /> Fareclvsurs by Power o�f SaIe. If Lende�elects to��reclose by exercise of the Power o�5ale herein contained,
<br /> Lender shalf nofiify Trustee and shall depas�fi with Trustee �his Deed of Trust and �he Credit Agreement and
<br /> such receip�s and e�idence of expendi�ures made and secured by this Deed af Trus�as Trustee may require,
<br /> (a} Upan �eceipt ot such notice from Lender,Trustee shall cause�o be reco�-ded, published and delivered
<br /> to Trus�or suah Notice o� De�ault and No�ice vf SaIe as �hen required by Iaw and by this �eed o�Trust.
<br /> Trustee sha�I, without demand on Trustar, after su�h �ime as may then be required by Iarrv and after
<br /> recorda�i�n o�such No�ice of Default and after Notice ❑f SaIe ha�ing been gi�en as required by �aw, sell
<br /> the Property a� the time and p�ace ❑f sale �ixed by i� in such No�ice of SaIe, either as a whole, or in
<br /> separate lots or parcels ❑r i�ems as Trustee sha11 deem e�cpedient, and in such vrder as it may de�ermine,
<br /> a� pubjiG au�tian to fhe highest bidder for cash in lawful money of�he United States payable at the time
<br /> of sale, Trustee shal� deIi�er to such purchaser or pu�chasers �hereof its gond and sufficien� deed or
<br /> deeds cvn�eying �he property so sold, but withou� any co�enan� or warrantyf express or impiied. The
<br /> �e�itaIs in such deed of any matters ar faG�s shall be canaIusi�e p�oof of the �ru�hfu�ness there��. Any
<br /> person,including without limitation Trustor,Trustee, or Lender� may purchase at such sale.
<br /> �b� As may be permitked by �aw, after deducting all casts� fees and expenses o� Trustee and o� this
<br /> Trus�t including cvsts of evidence of�i�le in cannection with sale�Trustee shall apply�he p�o�eeds o�sale
<br /> �o paymen� o� {i} all sums expended under the terms of this Deed af Trust o�- under the terms o� the
<br /> Credifi Agreement not then repaid, including but not limited �o accr�ued interest and fate charges, �ii� aII
<br /> othe�-sums then secur-ed herebyr and �iii} fhe remainderr if any� to the person or persons legally entitled
<br /> �hereta.
<br />�
<br /> �c} Trustee may in the manner provided by Eaw postpone sale o�aII or any partion of�he Property.
<br /> R�medies Not Exclusive. Trustee and L�nder, and each of �hem, shall be entitied t� enforce paymen� at�d
<br /> per�orman�e of any indebt�dness Qr❑bligations secur-ed by�his Deed o�Trust and ta exercise aII rights and porrvers
<br /> under thxs �eed of Trust, under the Credi� Agreement, under any vf the Related �ocum�nts, or under any other
<br /> agreemen� or any laws now or hereafter in force; notwi�hs�anding, same or aII v� SIICI� indeb�edness and
<br /> obligations se�ured by this Deed o�Trust may now or he�eaffer k�e atherwise secured, whether by mor-tgage, deed
<br /> of�rus�, pledge, Iien, assignment❑r athe�wise, Neither�he accep�ance af�his Deed af Trust nor its enfo�cemen�,
<br /> whe�her by court action ❑r pursuant to �he power of saIe or a�her powers contained in this D�ed ❑f Trus�, shall
<br /> prejudice or in any manner affec�Trustee's vr Lenderrs right to realize upon ar en�orce any o�her security naw or
<br /> hereafter heId by Trusfee or Lender, i�being agreed that Trustee and Lender, and each of�hemr shall be en�ifiled to
<br /> enfarce this Deed af Trust and any other security naw or hereafker held by Lender or Trustee in such orde� and
<br /> manner as �hey or ei�her ❑f �hem may in thei� absolute discre�ion determine, N❑ remedy conferred upon or
<br /> reser�ed �o Tt�ustee or Lender, is intended to be exclusi�� �� any other remedy��n this Deed o� Trust ar by iaw
<br /> pravided ar permit�ed, bu� each shall be cumulati�e and shall be in addi�ion to every other remedy gi�en in this
<br /> Deed of Trus�vr now vr hereafter existing a� law or in equi�y or by s�a�ute. Every powe� or remedy g��en by the
<br /> Credit Agreement or any af the Rela�ed Documen�s �o Trustee ar Lender o� ta which either v� th�m may be
<br /> otherwise entitledr may b� exercised, concurrently or independen�Iy, from time t❑ time and as often as may be
<br /> deemed expedient by Trus�ee ❑r Lende�� and either of�hem may pursue inGansisten� remedies. Nothing in �his
<br /> Deed ❑f Trust sha�� be cans�rued as prohibi�ing Lender firom seeking a de�z�iency judgment agains�the T�us�o�ta
<br /> the exten�such action is permitted by I�w.
<br /> Election of Remedies. All of Lender's righ�s and remedies wi�i bs cumulati�e and may be exercised alone or
<br /> fagether, If Lender decides to spend money ❑�to perf�rm any of Trus�ar's obligations under�his �eed of Trust,
<br /> after Trustor's failure to do so, that decision �y Lender will no� affect Lender's �zght�o declare Trustar in defaui�
<br /> and to exercise Lender's rem�di�s.
<br /> Request far Natice. Trusto�-, on behal�o�Trustor and Lender, hereby requests that a copy ofi any Na�ice of Default
<br /> and a capy of any Notice o�5ale under this Deed o�Trust be mailed�o�hem a�the addresses set farth in the-Fi�s�
<br /> paragraph of�his Deed o�Trust.
<br /> Attorneys' Fees� Expenses. I� Lender institutes any sui� ar action to enforce any of �he terms of this Deed ❑�
<br /> Trus�, Lender shaII be entitIed to �eco�er such sum as the caurt may adjudge �-easonable as at�arneys' fees at trial
<br /> and upon any app�al. 1Nhether or not any court ac�x�n is invol�ed, and to the extent not prohihi�ed by Iaw, all
<br /> reasonable expenses Lender in�urs �hat in Lend�r's ❑pinion are necessary at any �ime far th� protec�ion o� i�s
<br /> interest❑r�he enforcemen�of i�s rights shall become a part of the Indebtedness payabie on demand and shall b�ar
<br /> interest at �he Credit Agreement rate �rom the date vf the expenditure until repaid. Expenses carrered by this
<br /> paragraph include� wi�hout limita�ion, how�rrer subject�o any timi�s under appIi�able Iaw, Lender's at�orneys' �ees
<br /> and Lender's legal expenses, whether or no� �here is a lawsui�r including atto�neys' fees and expenses for
<br /> bankruptcy pr�ceedings {inciuding efforts to modify or�a�ate any aut�matic s�ay ❑r injunction}� appeals, and any
<br /> anti�ipated pos��judgment coIlection sen�icesr �he cost of sea�ching records, obtaining �i�Ie reports tincluding
<br /> �orecIosure reports�� surveyors' reports, and appraisa! fees, tit�e insurance, and fees far the Trustee, to the ex�ent
<br /> permit�ed by applicable law, Trustor aIso will pay any caurt castsr in addition to all vther sums pra�ided by Iaw.
<br /> Righ�s vf Trustee. Trustee shaiI ha�e aII of�he ri�hts and duties of Lender as set�orth in this sec�ian.
<br /> P�WERS AND ❑BLlGATI�NS �F TRUSTEE. The fvllowing pro�isions�ela�ing�o the powers and obIigations of Trustee
<br /> are pa�o�fhis Deed ❑f Trusf;
<br /> Powers o#Trustee. In additian�o aII powers v�T�ustee arising as a matter o�law,Trustee shaII have the power to
<br /> take�he fallawing actions r�vith resp�ct to the Property upon the written reques�of Lender and Trus�or: �a} jain in
<br /> pr�eparing and �iling a map ❑r pia� of the Real Property, including the ded�cation a� s�reefs or other righ�s to �he
<br /> public; {b� jain in granting any easement ❑r crea�ing any restriction on the R�aI Praperty; and {c} loin in any
<br /> subar-dination❑r othe�ag�eemen�affecting this Deed a�F Trust o��he interest��Lender under�his �eed o�Trust.
<br /> Trust�e. Trus�ee shalI me�� a�� qualifiications �equi�ed �or Trustee under applicable law, ln addi�ian ta the r�ights
<br /> and remedies se� fvrth abo�e, with respea�to al! or any part ❑f the Property, �he Trustee shaC! have the right to
<br /> fo�-eclase by notice and sale, and Lender wi11 harre the right t❑ foreclose by judiciai �Foreclosure, in either case in
<br /> a�cardance with and�o the full exten�pro�ided by applicable law.
<br /> Successor Trustee. Lenderr at Lender's ❑ptian, may from time to tim� appaint a successor Trustee to any Trustee
<br /> appainted under�his Deed of Trust by an instrumen� executed and a�knowIedged by Lender and reco�ded in the
<br /> office o� the recorder �� Hall Caunty� 5�ate of Nebraska. The instrumen� sha�i con�ain, in addi�ian �v ai� other
<br /> matters required by state law� �he names vf the original Lender, Trustee, and Trusta�, the book and page {or
<br /> �omputer sys�em reference} where this D��d o-� Trus� is re�orded, and �he name and address of the successor-
<br /> �rustee, and the instrument shall be executed and acknawledg�d by aIC the beneficiaries under�his Deed o�Trust❑r
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