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2� 17� 1883
<br /> DEED t3F TRUST
<br /> ���iltirlu�:d� Page 5
<br /> and elec�ian tv �ause Trus�or's interes�in the Prape�-�y t❑ be sa�d� which no�i��Trust�e shaII caus��o be
<br /> duly�ijed for record in fhe appropriate offices of the Cvunty in which the Property is Incated; and
<br /> �d) V1lith r�spec�to ai[ ar any part o�the Persanal Property, Lender shall ha�e aIl the rights and remedies
<br /> o�a s�cured party under the Nebraska Uniform Cammercial Code.
<br /> Foreciosure by Power of Sa�e. {�Lender elects fv farecIose by exercise❑�F the Power v�Sale herein cvnfained,
<br /> Lender shal( natify Trustiee and shatt dsposit with T�ustee this Deed af Trust and the Gredit agreem�n� and
<br /> such receip�s and e�idence❑�expenditures made and�ecured by this Deed of Trust as Truste�may require.
<br /> {a} Upon receip�fi af suGh no�ice from Lender,Trusfiee shaII �ause ta be recorded, pub�ished and delivered
<br /> to Trus�or su�h No�ice af ❑e�ault and Notice o� 5ale as then required by law and by this Deed of Trust.
<br /> Trusfe� shaii, wi�hou� demand ❑n Trustar, af�er such-time as may �hen be r�quired by Iaw and after
<br /> recardation ❑f such Notice of ❑efaul�and after Notice o�5a�e having been gi�en as required by law, seII
<br /> �he Property at the �ime and place of sale �ixed by i� in such Notice o-F Sale, either as a wholer or in
<br /> separate Iots or parceis or items as Trus�ee shall deem exp�dientr and in such order as it ma� dete�mine,
<br /> at pubiic auc�kian to �he highest bidder-far cash in lawful mon�y ❑f the United S�ates payabie at the time
<br /> o�F sale. Truste�; shaii deIi�er to such purchaser or purchasers thereo�F its good and sufficien�k deed or
<br /> d�eds ��n�eying the praperty so sold, but withou� any covenant ar warran�y, express or impiied. The
<br /> recitals in such deed af any matters or�a�ts shall be concIusir�e prvvf o�the �ru�h�ulness thereo�F. Any
<br /> person; including wi�haut limitation Trustor,Trusteef or Lender, may pu�chase at suGh saie.
<br /> (b� As may be permit��d by �awr after deduc�ing ail casts, fees and expenses o�Trus�ee and o� #his
<br /> Trustr incIuding cos�s ofi evidence a�F ti�fe in c�nnection with saje,Trusfiee shall apply fhe proceeds of saIe
<br /> t❑ payment a� {i} ��� surrrs expended under th� terms ❑f �Chis Deed o�F Trust or under the terms of the
<br /> Credit Agreemen� not th�n r�paid, including but no� Iimi�ed -�o ac�rued interest and late charges, �ii} all
<br /> ❑ther sums fhen s�cured here�y, and �iii} the remainder, if any, t� �h� persan ❑r p�rsons Iegally �n�itled
<br /> fhere�o.
<br /> �c] Truste�may in the manner pra�ided by!aw postpone sale of a�i or any partivn ❑f the Praperty,
<br /> Remedies Not Exclusive. Trustee and Lender, and�each ❑� �hem, shall be entitled to enforce payment and
<br /> performan�e of any indebtedness or obliga�ions se�ured by this Deed of Trust and�o ex�rcise aIl rights and powers
<br /> t�nder this ❑�ed ot T�ust, under the Credif Agreer-nent, under any of the Related Qocuments, or under any ather
<br /> agr�em�n� or any Iaws now ar hereafter En forcer notwithsfiandin9, some ar all of such indebfiedness and
<br /> abligatians secur�d by this Deed o�Trus�may now ar her�after be otherwise se�ured, whe�h�r by mortgag�, deed
<br /> ❑f trus�, pledger Iien� assignmen�❑r o�he�wise. Nei�her the accep�ance of this Deed af Trus� nor i�s enfvrcement,
<br /> whether �y court ac��an or pursuant to �he power of sale or other powers contained in �his Deed af Trust� shail
<br /> preludice or in any manner affect T�ustee's or Lender's �igh�to reajiz� upan ❑r enforce any �ther secu���y now ❑r
<br /> hereafter held by Trustee or Lender, i�being agreed tha�Trustee and Lender, and each o�them, shaII be en�i�jed fi❑
<br /> �n�arce this ae�d of Trust and any other security now or hereafter held by Lender a�Trustee in such order and
<br /> manner as they or either of them may in th�ir absolute discretivn determine. No remedy �onterred upon or
<br /> reser��d to Trus�ee or Lender, is in�ended t❑ be exciusive o� any ather remedy in this Deed of Trust ar by !aw
<br /> proWid�d or permitted, bu� each shall b� cumulative and sha�Z be in addition to every o�her remedy gi�en �n this
<br /> Deed of Trust ar now or herea�-ter��cisting a�Iaw or in equity ❑r by s�atute. Every power or remedy given by�he
<br /> Credit Agreemen#' or any af the Related Documents �o Trustee ❑r Lender or t❑ which either af them may be
<br /> otherwise en�itled, may he exercised, concurrently or �ndependentIy, fram time �� time and as af�k�n as may be
<br /> deemed exp�dien� by Trus��e vr Ler�der, and ei�her ��th�m may pursue in�onsis�er�t remedies, Nothing in this
<br /> Deed ��T�usfi shaii be construed as prohibi�ing L�nder fr�m seeking a deficiency judgment againsf the Trustor to
<br /> �he �xten�such ac�ivn is permitted by law.
<br /> Efe�tion of Remedie�. All �� Lender's rights and rem�dies will be cumulative and may be exercised a�one or
<br /> �ogether. lf Lender d��ides �o spend money or t� perform any of T�ustor's ok�ligations under this D�ed o�Trust�
<br /> af�er Trus�or's �ailure to do sof �hat decision by Lender will not affect LendeTfs right to declare Trustor in default
<br /> and to exercise Lender's r�medies.
<br /> Request for Nofii�e. Trus�ar, on behal���Trust�r and Lender, hereby requ�sts that a copy�f any Notice ❑t��fauIt
<br /> and a copy of any No�ice o�F 5ale under�his Deed af Trust Iae mailed to�hem a�the address�s se�farth in the firs�
<br /> paragraph of this Deed of Trus�.
<br /> Attarneys' Feesr Expenses. I� Lender inst�tu�es any sui� or ac�ion fo enforce any ❑f th� terms of this Deed of
<br /> Trus�� Lender shaII b� en�itled to �eca��r such sum as �he court may ad�ucige reasonable as attorn�ys' #ees at fria!
<br /> and upon any appeal. Whether or not any court action is in�oIved, and t❑ fhe extent no� prohibited by Iaw, aII
<br /> reasonab�� expens�s Lender incu�s tha�.in Ler�der's ❑pinian are necessary at any t�me �F�r the prateetian ❑f its
<br /> int�res�or the enfarcemen�❑f its r"rghts shaIl beGome a part o�the lnd�btedness payable on demand and shall bear
<br /> inferes� at �he Credif Agreem�nt rate from the date �f the exp�ndi�u�e until �-epaid. Expenses covered by this
<br /> paragraph includ�, wi�hout limitativn, haw��er subject to any limi�s under applicab�e law, Lender's attorneys' �ees
<br /> and Lender's iegad expenses, whe�her r�� n�t ther� �s a �awsuit, inc�uding at�arneys' fees and �xpenses �ar-
<br /> hankruptcy proceedings �inGIuding e-Ffarts �� modi�y or vacate any autama�ic stay ❑r in�un�t�on�, appeals, and any
<br /> anticipa�ed pos�-judgmen� callec�ian ser�rices, fihe cast o� searching records, ❑b�aining �i�le reports {inciuding
<br /> fareclosure �eports�, surveyors' reports, and appraisal fees, �i�tle insuran�e, and fees for�he Trust�e, �o the ex�en�
<br /> permit�ed by a�p�tcab�e �aw. T�ustor also will pay any court�ostsf in add��ion ta a1l other sums pravided by law.
<br /> Righ#s of Trustee. Trus�ee shall have aii o��h�righ�s and duties af L�nder as set�orth in this section.
<br /> P�WERS AND �BL�GAT[�NS �F TRUSTEE. The�Following pro�isions reIating ��the powers and obli�ations vf Trustee
<br /> are part o�F�his ❑eed of Trust:
<br /> Powers vf Trustee. In addition to aII p�wers of Trustee arising as a matter❑f�aw,Trusfee shall have fhe pawer to
<br /> �ake�he�oIlowing actions with respe�t to�he Proper-�y upon the written reques�of Lender and Trustor: �a�join in
<br /> preparing and filing a map or pla� of�he Real Property, fncluding the dedi�ation of stree�s or other rights to the
<br /> public; {�} join in granting any easement or creating any restriction on the ReaI Propertyf and {G} loin in any
<br /> subordinatiQn or oth�r agreemen�affecting this ❑eed o�Trust or the int�rest af Lender under�his D�ed af Trus�.
<br /> Trustee. Trustee shall meet aII qua�i��cativns required far Trus�ee under applicable law. !n addi�ion fo the rights
<br /> and remedies sefi forth abave, with respect to all or any part o�the Property, fhe Trustee shall ha�e the righ�to
<br /> foreclose by notice and sale� and Lender wiII ha�e the right�o foreclose by ludicia! �Forec�osure, in either case in
<br /> accordance with and t❑the full exten�prQ�ided by appIicable law.
<br /> Su�cessar Trustee. Lender, at Lende�'s aption, may from time t❑time appoint a successar Trus�ee t❑ any Trustee
<br /> appoin�ed under �his Deed ❑f Trust by an Ens�rument executed and acknawledged by Lender and r�corded in the
<br /> ❑ffice of the re�order of Hall County, Sta�� o�F Nebrask�. The instrument shall cantain, in addition ta a!� other
<br /> ma�ters required by sta�e law, the names of �he vriginaj Lender, Trus�ee, and Trust�r, the baok and page �ar
<br /> computer system referenc�} where this Deed of Trust is recorded, and �he name and address o�F the succ�ssar
<br /> trus�ee, and the instrument sha�I b�executed and acknow�edged by al�the bene�iciaries undsr�his Deec�ot T�ust or
<br /> their su�cessars in in�eresfi. The su�cessar trustee, without conveyanc� ❑�the P�'operty, shall succeed �Ca all the
<br /> �itie, pawer, and duties �an�Ferred upon the Trus�ee in this ❑eed a�Trust and by applicable Iaw. This procedur�for
<br /> suhsti�u�ian vf Trus�ee shall go�ern to the exclusivn❑f aII other pro�isians�or substitution.
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