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2� 17� 19�8
<br /> DEEC� �F TRU�T �
<br /> �C�nti n u��} Page �
<br /> Deed vf Trus�or now or he�eafter existing at law or in equ�ty or by sta�ute. Every power or remedy gi�en by the
<br /> Credit Agreemen� or any of the Related Documents ta Trustee ar Lender or ta which eifher af them may be
<br /> otherw[se entit�ed, may be exer�ised, concurrently or independentiy, �rom #ime to fime and as often as may be
<br /> deemed exped�ent by Trusfee or Lender, and ei�her of them may pursue �nconsistenf remed'[es. Nothing in this
<br /> Deed vf Trust shal! �e construed as prohibiting Lender from seeking a deficiency�udgment against the Trustor�o
<br /> the extent such aGtion is permitted by la►nr.
<br /> Elecfiion of Remedies. All of Lender's righ#s and rernedies wil� be cumula�i�e and may be exercised alone or
<br /> together. !f Lender decides ta spend money or to perform any af Trustv�'s ob�igatians under�his Deed af Trust,
<br /> a�ter Trustor's �ailu�e to do sv, �hat decision by Lender will not affect Lender's right fio deciare Trustvr in default
<br /> and ta exer�cise Lender's remedies.
<br /> Requ�s�for Notice. Trus�or, on behalf vf Trustor and Lender, hereby requests that a copy of any Notice of De�ault
<br /> and a copy v�any Notice of Sale under th�s Deed ofi Trus# be mailed to them at�he addresses set forth in #he first
<br /> paragraph vf this Deed of Trust.
<br /> Attorneys' Fees; Expenses. !� Lender institutes any suit or ac�ion to en�orce any of the terms of this Deed of
<br /> Trust, Lender shall be�ntitled to reco�er such sum as the court may adjudge r�asonable as attorneys' fees at tr�al
<br /> and upon any app�al. V1lhether or not any court a�tian is in�ol�ed, and to the extent nvt prohibi#ed by [aw, a[I
<br /> reasonab�e expenses Lender �ncurs that in Lender's opinion are necessary at any tim� for the profection of its
<br /> interest or the enforcement of its rights sha�l become a part of the �ndebtedness payable on demand and sha�l bear
<br /> inferesf at the Credit Agreement rate frvm the da#e of the expendi�ure until repa�d. Expenses co�ered by this
<br /> paragraph incfude, without limitation, howe�er subject to any limits under applicabie �aw, Lender's attorneys` �ees
<br /> and Lender's lega! expenses, whether or not there is a lawsuit, inc�uding attarneys' fiees and expenses for
<br /> bankrup#cy proceedings (inciuding effor�s �o madify or�acate any au�omatic stay or injunction}, appea�s, and any
<br /> anticipated post judgment collection sen�ices, the cos� af searching records, abtaining ti#is reports {including
<br /> foreclosure reports}, surveyors' reports, and appraisal fees, title insurance, and fees'�or#he Trustee, to the ext�nt
<br /> permi�ted by applicabie law. Trus�or also will pay any cou�t c�sts, in addition to all o#her sums pra�ided by law.
<br /> R�gh�s of Trustee. Trustee shall ha�e all of�he rights and duties a�Lender as se�forth in this section.
<br /> P�1NER5 AND OBL�GAT[ON5 QF TRUSTEE. The follawing pro�isions relating tfl the powers and obligatians of Trustee
<br /> are part of th�s Deed of Trust:
<br /> Powers of Trus#ee. In add€tion to all powers of Trustee arising as a matter of law, Trustee shal� have the power to
<br /> take the�ollowin� actions with respec�to the Property upon the written request�f Lender and Trustor: {a}�oin in
<br /> preparing and filing a map or p�a� of the Rea� Property, including the dedica#i�n �f streets o� other rights �� the
<br /> public; �b} join in grantfng any easement or creating any restriction on the Real Prope�y; and {c} jan in any
<br /> subordina�ion or other agreement a�fect�ng this Deed of Trust ar the interest of Lender under this ❑eed af Trust.
<br /> Trustee. Trustee shall meet a11 qualif�ca�ions required for Trustee under applicable law. !n addi#�on to the ri�hts
<br /> and remedies se# for�h abo�e, with respect to all or any part af#he Praperty, the Trus�ee sha11 have the right to
<br /> fareclose by na�ice and sale, and Lender will have the �igh� �o �oreclose by judiciai fareclasure, [n either case in
<br /> accordance with and to�he full exfent pra��ded by appl�cable�aw.
<br /> Successor Trustee. Lender, at L�nder's op#ion, may from time�o time appoint a successor Trustee to any Trustee
<br /> appointed under �his Deed of Trust by an ins#rument execu#ed and acknvv►rledged by Lender and recorded in the
<br /> office of the recorder of HALL Coun�y, 5tate af Nebraska. The instrument sha�i contain, in addition �o al� other
<br /> matters required by s�ate law, #he names of the arig�nal Lend�r, Trustee, and Trus�or, the baok and page (or
<br /> computer system reference} where �his Deed af Trus� is re�orded, and the name and address of th� successor
<br /> #rusfiee, and fhe �nstrum�n�shall be executed and acknovv�edg�d by a�f the bene#iciaries und�r�his Deed v�'Trust or
<br /> their successors in [nteres�. The successar trustee, wi�hout conveyance of the Property, shall succeed to a�l the
<br /> t�tle, power, and dufies conferred upon�he Trus�ee in th�s De�d of Trust and by applicable law. This prvc�dure'Far
<br /> substitutian of Trus#ee shall govern to the exclusion of a�l other pro�isions for substitution.
<br /> NOTICES. Any notic� required to be given under this Deed of Trust, including without limitativn any not�ce of default
<br /> and any notice of sale shafl be gi�en in writing, and shall be effecti�e when ac#ua�ly deli�ered, when ac#ually received
<br /> by�e��facsimiie (unless o�herwise required by law}, when depos�ted with a national�y recagnized o�ernight courier, or, if
<br /> ma�led,when deposited in the United Sfates mail, as f rs�class, cert�fed or registered mail postage prepaid, direc�ed ta
<br /> the addresses shown near th� beginning vf this Deed vf Trus�. All cop�es of no#ices of foreclosure from �he ho�der of
<br /> any lien which has priority o�er this De�d of Trusf shall be sent to Lender's address, as shown near the beginning af
<br /> this Deed �f Trust. Any persvn may change his or her address for noticss under this Deed of Trust by giving fo�ma�
<br /> wri�ten notice to the othe� pe�son or persans, specifying �ha� the purpose of #he notice is to change �he person`s
<br /> addrsss. For no�ice purposes, Trustor agrees t� keep Lend�r informed at a11 times of Trustar's current address. Unless
<br /> otherw�se pro�ided or required by �aw, if#here �s m�re than one Trus#or, any notice gi�en by Lender to any Trustor is
<br /> deemed�a be no�ice gi�en�o a!I Trustors. lt wifl be Trustor's responsibiii�y to te�l the athers of the no#ice f�om Lender,
<br /> MISCELLANE�US PROVISlDNS. The�vllawing miscel�aneous pro�isions are a part af this Deed of Trust:
<br /> Amendments. VITha� is writ�en in this Deed of Trust and in the Related Documents is Trusfior`s enti�e agreement
<br /> w��h Lender concerning the matters eo�ered by this Deed vf T�usf. To be effecf��e, any change or amendment to
<br /> this Deed �f Trust must be in writing and must be signed by whoe�er will be bound or ohliga�ed by fhe change or
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