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2� 17� 1315
<br /> D�ED �F TRUST
<br /> �C�nt[nued} Page 6
<br /> pe�-mission,foreclosure by the holder af another lien, or the use af�Funds or the dwe![ing�or prohibi#ed purposes.
<br /> R[GHTS AND REMEDIES �N DEFA�LT. If an E�en�of Default occurs under this ❑eed of Trust, at any time�herea�ter,
<br /> Trustee or Lende�-may exercise any ane or more�f�he�ollowing rights and remedies:
<br /> Acceleratian �pon Defaul#; Addi#i�na1 Remedies. I�any E�ent of Defau�t occurs as per the terms of the�red��
<br /> Agreemen�secured hereby, Lender may d�clare a�l lndebtedness secured by this aeed of Trust fi� be du�and
<br /> payable and �he same shall thereupon become due and payable wi�hout any presen�ment, demand, p��#es�or
<br /> notice of any kind. Th�rea�ter, Lender may:
<br /> �a} E�ther in person or by agent, with or without bringing any a�tian or proceeding, or by a recei�er
<br /> appointed by a court and without regard t�the adequacy of its se�urity, ente�upon and take possessian
<br /> af the Property, or any pa�t thereof, �n its own name ar in the name of Trustee, and da any acts vvhich it
<br /> deems necessary or desirabl�to preserv�the �alue, marketa�ility o�rentabi�i�y af the Property,or par�o�
<br /> the Property or interest in the Praperty; increase the in�ome fram the Prape�ty ar prot�ct the security o�
<br /> the Properky; and, with or withouf takin� possess�on of #he Pr�per�y, sue for or otherw�se collect the
<br /> ren�s, issues and profits of the Property, including those past due and unpaid, and apply the same, �ess
<br /> costs and expenses af operation and co�le��ian attorneys'fees, �o any indeb�edness secur�d by this Deed
<br /> of Trust, al� in such order as Lender may ��t�rmine. The en�ering upon and taking possession af the
<br /> Pr�per#y, the co1le��ion of such ren�s, issue� and prof�s, and �he application the�eof sha�l no� cure or
<br /> wai�e any defaulfi ar notice of defaul� under this Deed of Trust or in�alida�e any act done �n respon�e ta
<br /> such d�fau�t or pursuant ta such notice of default; and, nv#withstanding the co�tinuance in passession of
<br /> the Property or the coile�tion, receipt and application af rents, �ssues or profits, Trustee or Lender sha11
<br /> be enti#led ta exercise e�ery right pro�ided for in the Cred�t Agreement or�he Re�ated Qacuments or hy
<br /> faw upon�the occurrence of any e�ent of default, including the right to exercise the power of sale;
<br /> 4b} Commence an a�tion ta foreclose this Deed of Trust as a mor�gage, appoint a rece��er or specifEcal�y
<br /> enforce any af the covenants hereo�; and
<br /> �c} Deli�er to Trustee a w�i#ten declaration o�defiault and demand for sale and a written nofiice❑f defaul�
<br /> and e�ec�ion to cause Trusfor's interest in �he Prope�ty to be sa�d, which notice Trustee shall cause�n be
<br /> duly filed for record �n the appropr�ate off�ces of#he Caunty�n which the Property is located;and
<br /> �d} With respec�to all or any part o�#he Personal Pr�perty, Lender shall have al! the rights and remedies
<br /> of a s�eured party under the Nebraska Uniform�ommercial Cade.
<br /> Fvrecfvsure by Power of 5ale. If Lender elec�s�o foreclose by exercise ofi the Power of Sale here�n contained,
<br /> Lender shaIl notify Trustee and shali depasit with Trustee this Deed o�Trust and �he Credit Agreement and
<br /> such receipts and e�idence ofi expenditu�-es made and secured by�his ❑eed of Trust as Trustee may requi�e.
<br /> �a} Upon re�eipf�f such notice from Lender, Tru�tee shall cause to be record�d, pubfished and de�i�ered
<br /> to Trustor such Natic� of flefault and No�ice af Sale as then required by law and by this C�eed of Trus�.
<br /> Trustee shall, wifihout demand on Trustor, after such time as may then be required by law and after
<br /> recordation o�such No�iGe of De#�auff and afte� Noti�e of 5ale ha�ing been g��er� as required by law, sell
<br /> the Prope�ty a� the �ime and place of sale fixed by it ir� such Notice af Sale, either as a whole, ar �n
<br /> separate lots or pa�cels or i�ems as Trustee sha(I deem expedient, and in such order as it may determine,
<br /> at publEc auction �n the highest b�dder for cash in lawful money a�the United Sta�es payable at fhe time
<br /> of sa��. Trusfee shall deli�er �o such purchaser or pur�hasers #he�eo� its good and su�cient deed or
<br /> deeds con�ey�ng the proper�y so saId, bu# withvut any ca�enant or vuarranty, express o� implied. The
<br /> recita�s in such deed af any matters ar facts shall be canclusi��: proof of the truthfulness thereof. Any
<br /> p��-son, includ�ng without limi�ation Trustor,Trus�ee, or Lender, may purchase a�such sale.
<br /> �b} As may be permitted by law, after deducting a!i costs, fees and expenses of Trustee and ❑f this
<br /> Trus�, includ�ng cos�s of e�idence of title in connection with sale,Trustee sha�l apply the proceeds of sale
<br /> �o payment o�F �i} a11 sums expended under th� terms of this Deed o�f Trus� or under the terms of#he
<br /> Credit Agreement not then repaid, including bu� n�� limited to a�crued �nterest and late cha�-ges, �ii} all
<br /> other sums then secured hereby, and ��ii} the remainder, i�any, to the person or persons legally ent�tled
<br /> theretv.
<br /> �c� Trustee may in the manner pro�ided by Iavu postpone sale of all ar any por�ion o�the Property.
<br /> Remedies Not Exclusi�e. Trus�ee and Lender, and each ❑f them, shal� be entitled to enforce payment and
<br /> perfo�mance of any indebtedness ot-obi�gations secured by this ❑eed af Trust and to exer�ise al[ r�gh�s and powers
<br /> under th�s a�ed of Trust, under the Credit Agreement, und�r any vf the Related Dacurnents, or under any o#her
<br /> agreement or any laws now or hereafter in force; notwiths�anding, some or al� of such indebtedness and
<br /> obligations secured by thEs Deed ❑f Trust may now or hereafter be o�he�-wise secured, whether by mar�gage, deed
<br /> af trust, p�edge, 1ien, ass�gnrnen�o�otherw�se. Neither�he acceptance of this Deed of Trust nor its enfor�em�nt,
<br /> whether by court action or pursuant to the powe�- of sa�e or other powers c�ntained in th�s Deed o�Trust, sha11
<br /> prejudice or in any manner affec�Trustee's ar Lender's righ�to realize upon or en�or�e any other securi�y naw�r
<br /> hereafter he�d by Trustee or Lender, it be�ng agreed �hat Trustee and Lender, and ea�h af them, sha�l be en�i��ed fio
<br /> enforce this Deed of Trust and any ath�r securi�� r�o�v o� h�reaft�r held by Lender or Tr�s�ee �n �uch �rder and
<br /> manner as they ar either af them may in the�� abso�ute discretion defiermine. No remedy conferred upon or
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