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2� 17� 19�8
<br /> DEED �F TRUST
<br /> �Conti n u�:d} Page �
<br /> RIGHTS AND REMEDIES 4N �EFAULT. lf an Event of Default occurs under this Deed of Trust, at any time thereaf�er,
<br /> Trustee or Lend�r may exercise any one or mare vf the�ollowing rights and remedies:
<br /> Acceteration Upon Defau�t;Addi�ional Remed�es. !f any Event of Defaul�occurs as per tne terms of the Credit
<br /> Agreement secured hereby, Lender may declare ail Indebtedness secured by this Deed o�Trus�ta be due and
<br /> payable and the same snall thereupon become due and payable wifhaut any presentmen�, demand, protes�n�
<br /> notice of any kind. Thereafter, Lender may:
<br /> �a} Either in person or by agent, wi�h or without b�inging any action or proceeding, o� by a recei�er
<br /> appointed by a cou�t and withvut regard t��he adequacy af its security, enter upon and take possession
<br /> of the Property, or any part ther�of, in its vwn name or in the name of Trus#ee, and do any acts which it
<br /> deems necessary ar desi�ahle to pres�rve the Wa�ue, marke�ability or rentability of the Property, or part of
<br /> �he Proper�y v�in#erest in the Proper#y; increase the ineome from the Property or pro�ecfi th� secur�ty of
<br /> the Property; and, with or ►rvtthou� �aking possession of the Property, sue for or otherwise coilect the
<br /> rents, issues and profts of the Property, including �hose past due and unpaid, and app�y�h� same, less
<br /> cos�s and expenses af operatian and collection attorneys'fees, �o any indebtedness secured by th�s Deed
<br /> of Trusfi, ail in such order as Lender may determine, The en�ering upon and taking possession of�he
<br /> Proper�y, the collection of such rents, issues and profits, and the app�ication thereof shall not cure or
<br /> waive any defau�� or notice of default under this Deed of Trust or�nvalidat� any act done in response to
<br /> such default ar pursuan#tv such no#fce af defau�t; and, notwithstanding the continuance in possession af
<br /> �he Property or the coflection, rece�p� and appiicatian af rents, issues or profts, Trus#ee vr Lender sha�l
<br /> be en�i�ied tv exercise e�ery right pra��ded for in th� Credit Agreement or the Related ❑ocumen�s or by
<br /> law upan the�ccurrence vf any��en#of defaul�, ineluding the right to ex�rcise#he power�f safe;
<br /> �b} Commence an action #o foreclose this Deed af Trus�as a mo�tgage, appoint a recei�er or specifica�ly
<br /> enfvrce any of the cflvenants hereof; and
<br /> �c} Deli�er to Trustee a written declaration o�de€auit and demand for saie and a written not�c�of defau�t
<br /> and election to cause Trustor's interes#�n the Property ta be sold,which notice Trustee shall cause t� be
<br /> duly filed for record in the appropriat�offices of the Caunty in which�he Prope�ty is�ocated; and
<br /> �d} 1Nth respect to a1i or any par�of#he Personal Property, Lender sha�l have a!I the r�ghts and remedies
<br /> of a secured par#y under the Nebraska Uniform Commercia! �ode.
<br /> Foreclosure hy Pawer of Sale. f�Lender elects�o foreclose by exercise v�the Power af Sale herein contained,
<br /> Lender shall notify Trustee and sha�l deposit with Trustee th�s ❑eed v'�Trust and the �redit Agreement and
<br /> such receipts and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> �a} Upon rece�pt o�such not�ce�rom Lender, Trustee shall cause ta be recvrded, published and deli�ered
<br /> �a Trus#or such Notice of C7e�auIt and Natice of Sale as thsn required by law and by this Deed of Trust.
<br /> T�ustee sha�l, without demand on Trusfor, after such time as may then be �equired hy law and after
<br /> recordation o�such Not�ce of❑efau�t and after Notic� o�Sa�e ha��ng been gi��n as required by iaw, sell
<br /> the Proper�y at �he time and place of sale fixed by �t in such Notice vf Safe, ei�her as a whols, or in
<br /> separate I��s or parce�s or i#ems as Trustee shall deem expedien�, and in such order as it may dete�m�ne,
<br /> a�publi�aue��on ta the highest b�dder for cash in [awful money of the United 5tates payable a�the�ime
<br />� vf sale. T�ustee shalf deliWer to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds can�eying the prope�ty so sold, but wifhout any coWenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shal! be conc�usive praof of the trufhfulness�herevf. Any
<br /> person, including with�ut�imitation Trustor, Trustee, or Lender, may purehase a�such safe.
<br /> �b} As may b� permitted by law, after deduc�ing �II C�5�5, fees and expenses of Trus�ee and o�this
<br /> Trust, including costs af e�idence of title in connect�on with sale, Trusfiee shal�apply the proceeds of sale
<br /> to payment af {i} al[ sums expended under the terms of this aeed af Trust or under the terms o��he
<br /> Credit Agre�ment not then repaid, �nc�uding but not I�mited ta accrued interest and late charges, �ii} a11
<br /> o#her sums then secured hereby, and ��ii} the remainder, if any, to the person ar pers�ns legally entitled
<br /> thereta.
<br /> �c} Trustee may in�he manner provid�d by!aw pvstpvne sale o�all or any portion flf the Property.
<br /> Remedies No� Exclusi�e. T�us#ee and Lender, and each of them, sha�l be enti�led �o enforce payment and
<br /> perfarmance o�any�ndebtedness or vbligations secured by this ❑e�d o�T�ust and to exercise a!I rights and powers
<br /> under this Deed of Trust, under the Credit Agreement, under any of the Re[ated ❑oeuments, or under any oth�r
<br /> agreement or any laws now or hereaf�er in for�e; nvtwi�hstanding, some�or al� of such indebtedness and
<br /> obligat�ons secured by this Deed of Trust may now or hereafter�e otherwise secured, whe�her by mortgage, deed
<br /> af trust, pledge, lien, assignmenf or otherwise. Neither the acceptance of this aeed of Trust nor its en�'orcemen�,
<br /> whe#her by court action or pursuant#o the power of sa[e ar othe� powers cantained in this Deed of Trust, shail
<br /> prejudice or in any manner a�fect Trustee's or Lender's right to realize upan or enforce any other security now or
<br /> herea�ter held �y Trustee o�Lend�r, it being agreed�hat Trustee and Lender, and each of them, sha�l be entit�ed to
<br /> enfiorce this Deed of Trust and any other secur�ty naw or hereafter held by Lender or Trustee ICi SUCh o�der and
<br /> manner as they or e�ther af them may in their a�salute discretion de�ermine. Na remedy confer�ed upon or
<br /> resenred to Trustee or Lender, is int�nded to be exclus��e of any other remedy in this Deed of Trust or by law
<br /> pro�ided or permi�ked, but each sha�l be cumulati�e and shail be in additian to e�ery other remedy given in th�s
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