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2� 17� 1754
<br /> DEED C]F TRUST
<br /> Loan No: 'I�'I 3D3173 ��ontinued� Page 4
<br /> Foreclosure by Power of 5ale. I� Lender eleCts to foreclose by exercis� �f the Pvw�r o�F Sale h�rein contained,
<br /> Lender shall notf�y Trustee and shal! deposit wfth Trustee this ❑eed af Trust and the Credit Agreement and
<br /> such receipts and ��idence af�xpenditures made and secured by this Deed of Trust as Trustee may require.
<br /> {ay Upvn r�ceipt of such notice from Lender, Trustee shall �ause tv be recorded, published and deli�ered
<br /> ta Trustar such Nati�e af Default and Notice ❑� 5ale as then required by law and by this Deed of Trust.
<br /> Trustee shall, without demand an Trustor, after such time as may then be required by law and after
<br /> recvrdation n� such Natice vf De�ault and after Nati�e of Saie ha�ing k�een given as required by la�v, se41
<br /> the Prap�rty at the time and place of sale �ixed by it in such NatEce of 5ale, either as a wh�le, ar in
<br /> s�parate lots ar parcels or �tems as Trustee shall deem expedient, and in such order as it may determine,
<br /> at pubiic auction to the highest bidder for cash in lawful money of the lJnited Sta�es payabEe at th� time
<br /> af sale. Trustee shall deli�er to such purchaser or purchasers thereaf its gaad and suffici�nt deed ❑r
<br /> de�ds con�eying th� property so sald, bu# without any ca�enant vr warranty, express or impiied. The
<br /> reGitals in such dee� ❑f any matters or facts shall be conclusi�e praat of the truthfulness �hereof. Any
<br /> per�on, including withau�limitation Trust�r, Trustee, or Lender, may purchase at such safe.
<br /> �by As may be permit�ed by law, after deducting a!! costs, fees and expenses af Trustee and af this
<br /> Trust, inCluding �osts af e�idence of title in connectEon with sa�e, Trustee shall apply the pr�ceeds at safe
<br /> to payment ❑f �i� all sums expend�d under the terms of thfs Deed af Trust or under the terms af the
<br /> Credit Agreement not then repaid, including but nvt iimited to accrued interest and late charges, �ii} all
<br /> ❑ther sums then secured hereby, and �iiiy the remainder, if any, to the person ❑r persons legaily entitled
<br /> thereto.
<br /> {c� Trustee may in the manner pro��ded by law postpone sale ❑f all or any por�i�n of the Property.
<br /> Remedies Not Exclusi�e. Trust�e and Lender, and sach of them, shal� be entitled ta �nforce payment and
<br /> performance vf any indeb�edness or�blRgativns secured by this Deed �f Trust and to exercise all rights and powers
<br /> under this ❑eed of Trust, under the Credit Agreement, under any of the Related ❑ocuments, or under any other
<br /> agreement or any iaws naw ❑r he�eafter in fnrce; n�twithstand�ng, some ❑r all of such indebt�dn�ss and
<br /> obligations s�cured by this Qeed o�Trust may now or herea�ter be ❑therwise secured, whether by mortgage, deed
<br /> �f trust, pledg�, lien, assignment ❑r ❑therwise. Neither th� accept�n�e ❑f this ❑eed af Trust nar its enfflrcement,
<br /> whether by caurt act+on ar pursuant t❑ the pawer �f sa�e or ather p�wers contained in this Deed ❑f Tru�t, sha�!
<br /> prejudice or in any manner affect Trustee's vr Lender's right t❑ realize upon vr enforce any ❑ther securi�y naw ar
<br /> hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each �f them, shall be �ntitled t�
<br /> enforce �his ❑eed of Trust and any other security now or hereafter held by Lender or Trustee in such �rder and
<br /> manner �s th�y or either vf them may in their absvlute discretion determine. N❑ remedy conferred upon vr
<br /> reser�ed tn Trustee t�r Lender, is intended to be exclusi�e of any other rem�dy +n this De�d ❑f Trust or hy law
<br /> pra�ided ar permitted, but each shall be cumulati�e and shal! be in addition to ��ery ather remedy gi�en in this
<br /> Deed af Trust ar now or hereafter existing at law �r in equity vr by statute. Every power or remedy gi�en by the
<br /> Credit Agr�ement ar any of the Related Documents to Trustee �r Lende� or to which either ❑f them may be
<br /> otherwise entitied, may be exercised, cvncurrently or independently, from time t❑ �ime and as ❑ften as may �e
<br /> de�med expedient by Trustee or Lender, and either of them may pursue incans�stent remedies. NothEng in this
<br /> Deed vf Trust shali be �onstrued as prahibiting Lender from seeking a deticiency judgment againsY the Trustor to
<br /> the extent such action is permitted by Iaw.
<br /> Electian of Remedies. A1I af Lender's rights and remedies will b� cumulati�e and may be exercised alone ar
<br /> tagether. If Lender decides to spend money �r t� perfarm any af Trustor's ❑bligatians under this De�d af Trusfi,
<br /> after Trustar's failure to d❑ sv, that decis+on by Lend�r will nat affe�t Lende�'s r�ght ta declare Trustar in default
<br /> and to exercise Lender's remedies.
<br /> Reques#fo� No#ice. Trustor, ❑n �ehalf af Trust�r�nd Lender, h�reby requests that a �opy af any Noti�e of Default
<br /> and a capy af any Notice ❑f Sale under this Deed of Trust be maiied to them at the addresses set f�rth in fh� first
<br /> paragraph of this D��d of Trust.
<br /> Attorneys' F�es: Expenses. If Lender institutes any su�t ar action ta enforce any of the terms ❑f this ❑eed of
<br /> Trust, Lender �hail be entitled t❑ reca�er such sum as the caurt ma� adjudge reasonable as attarneys' fees at trial
<br /> and upon any appeal. Whether ❑r not any caurt action is �n�ol�ed, and to the extent nat prahibited by law, all
<br /> r�asonable expenses Lender incurs that in Lender's apinion are necessary at any time for the pr�tect�on of its
<br /> interest vr the enforcement af its rights shafl be�ome a part of the lndebtedness payabfe on demand and shail bear
<br /> �nterest at the Credit Agr�ement rate from �he date of the expenditure un�il repaEd. Expenses ca�ered by this
<br /> paragraph include, without iimitatian, howe�er subject to any limits under applica�le law, Lender's attorneys' #e�s
<br /> and Lender's legal expenses, whether or not there is a lawsuEt, including attorn�ys' fees and �xpenses for
<br /> bankruptcy proce�dings {including etforts ta modity or �acate any automatic stay or injunctiony, appeals, and any
<br /> anticipated post-judgment �ol�ectian ser�ices, the c�st of searching records, obtaining ti�le reports �including
<br /> foreclnsure reports�, sur�eyars' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent
<br /> permitted by appii�able law. Trustor als� wi�l pay any cnurt cvsts, in addition to alf other sums pro�ided by law.
<br /> MISCELLANE�US PR(]VIS�aNS. The foliowing miscelianeaus pro�is+ons are a part of this Deed af Trust:
<br /> �vverning Law. This Deed of Trust will he go�erned by federal law applicahle t❑ Lender and, #o the extent not
<br /> preempted by#ederal law, the laws of#he 5tate of Nebraska wi#h�ut regard to its conf�i�ts of law pra�isions. This
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