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2� 17� 1912
<br /> DEED �F TRUST
<br /> Loan N�: �a7 3�25�'i �C�t7tinued� Page 4
<br /> ❑f a secured party under the N�braska Uniform Cammercial Code.
<br /> Fareclosure by Pvw�r vf Sale, I�Lender elec�s ta fvrecEose by exercise o�the Powe�v�Sale herein contained,
<br /> Lender shail notify Trustee and shall depvsit ►nri�h Trustee this Deed af Trus� and the Credit Agreement and
<br /> such receipts and��idence a�expenditures made and secured by th�s aeed o�Trust as Trustee may require.
<br /> �a} Upvn re�eipt of such not�ce �rvm Lender, Trus�ee shal! cause�a be record�d, published and deli�ered
<br /> to Trustor such NatEce ot �e�ault and No��ce of Saie as then required by faw and by this ❑eed a�Trus�.
<br /> Trust�e shal[. without dernand on Trustor, after su�h time as may then be required by iaw and a�ter
<br /> recordatian ❑-�such No�ice of❑efaul� and after Natice of 5ale ha�ing been gi�en as requi�ed by law, sell
<br /> �he Property at the time and p�ace ❑� sale �ixed by i� in such Nv-�ic� a� Sale, eEther as a whole, ❑r in
<br /> separate Ivts or parcels ar items as Trustee shalf deem �xpedient, and in such order as it may determine,
<br /> at public auc#ivn to the highes� bidder�ar cash in lawful money of the LJnited States payable at the�ime
<br /> of sale. Trus�ee shall del��er to su�h purchaser ❑r purchasers thsrea�r its gvod and su��icient deed or
<br /> deeds con�eying the property so soid, bu�t without any co�enant or warranty. express or imp�ied. The
<br /> recitals in such deed of any matters ❑r �fac�s shall be concEusi�a prao� ❑f the truth�ulness thereaf. Any
<br /> person, including with�ut limEtation Trus�vr,Trustee, �r Lender, may purchase at such sale.
<br /> {b� As may be permitted �y law, after deduc�ing ail casts, �ees and expenses of Trustee and of this
<br /> Trust, Encluding cvsts of e�idence ❑f titl� in cannec�ion with sale,Trustee shaEl appiy the pro�eeds of sale
<br /> to payment o# �i} all sums expended under the �erms v� this Deed af Trust o� under the t�rms ot the
<br /> Credi� Agreement nvt then repaid. includ�ng but no� iimited �o accrued interest and late �harges. �iiy all
<br /> v�her sums then s�cured hereby, and {iii} th� remainder, i�any, �o the person �r psrsvns �ega�ly �n�itled
<br /> �hereto.
<br /> �c� Trustee may in�he manner provEded by law postpone sale�f a�1 ar any por�ion o�the Proper�y.
<br /> Remedies Nat Exclusi�e. Trus�ee and Lender, and each of them, shall be entitled tv enfvrce payment and
<br /> per�vrman�e o�any indeb�edness vr ohliga�ivns se�ured by�his Deed of Trus�and�o exercise a!� righ�s and powers
<br /> under�his ❑eed o� Trust, under �he Credit Agreement, under any of�he Rela#ed Dacuments, �r under any ❑ther
<br /> agreement or an� �aws novu or hereafter in ���ce; notwithstanding, sorne ar al[ ❑� such inde�tedness and
<br /> abligations secured by thEs �eed of Trust may now or h�reafter be otherwise secured, whether by mvrtgage, d�ed
<br /> a�trust, pledge, lien, assignment❑r ather►rvise. Neith�r�he acc�p�ance o�this Qeed of Trust nvr its entorcement,
<br /> wheth�r by �our� action or pursuant �a the�power vt sale �r other powers contained in th�s Deed o�Trus�, shal[
<br /> pre�udic� or in any manner affect Trustee's or Lender`s r�gh# to realize upon vr enforce any o�her security naw ar
<br /> herea�ter held by Trusfiee ar Lender, ir being agreed tha�t Trustee and Lender, and each o�them, shall be en����ed�o
<br /> enforce this Deed o� Trus� and any other security now or hereafter held by Lender or Trustee in such �rd�r and
<br /> manner as they or either o� them may in the�r absolu�e discretion de��rmine. No remedy con�erred u�on or
<br /> reser�ed '�� Trus�ee or Lender, �s in�t�nded tn be exclusi�e of any oth�r remedy in this ❑eed o� Trust ar by law
<br /> pro�ided or permitt�d, bu� �ach shall be cumulati�e and shail be in additi�n #o e�ery other remedy gi��n in �his
<br /> Deed o�Trust or now or hereaf�er existing at law or in equi�y ar b� statu�e. EWe�� p�wer ar remedy given by the
<br /> Credi� Agreement or any o� the Related Dvcumen�s �� Trustee vr Lsnder or �o which either o� them may �e
<br /> otherwise en�i�ied, may be exercised, concurrent[y ar independently, from -time to time and as often as may be
<br /> deemed expedient by Trustee or Lender� and ei�her o� them may pursue �ncansis�ent rernedies. Nothing in this
<br /> ❑eed o�Trust shall be construed as prahibiting Lender #rom seeking a defi�iency judgment agains�tiie Trustar ta
<br /> the�xtent such ac�tivn is pe�mitted by 1aw.
<br /> Elec#ivn ot Remedies. All of Lender's r�ghts and remedies vuill be cumuiati�e and may be exercised alone vr
<br /> tQge�he�. If Lender decides to spend maney ❑�-t❑ per�orm any a�Trustvr's vbiiga�ions under �his De�d af Trust,
<br /> a#ter Trustor's tailure to do sv, �ha� decision by Lender will not affect Lender's right tv decfare Trustor in defau�t
<br /> and�a exercEse Lender's remedies.
<br /> Reques�for Notice. Trusta�, on behaEt of Trustor and Lender, hereby requests that a capy v'�any Notice o�Default
<br /> and a copy ot any No�ice o�Sa�e under�h�s Deed of Trust be mailed to them at the addresses set�orth �n the �irs�
<br /> paragraph of�his D�ed ❑�Trus�.
<br /> Atto�neys' Fees; Expenses. 1� Lender institu�es any sui� vr act�vn to enforce any o� �he terms of this Deed of
<br /> Trus�, Lender shall be entitied ta re�a�er such sum as the court may adjud�e reasonable as a�tarneys' �ees a��rial
<br /> and upon any appeal. Whether or nv� any caurt action is in�ol�ed, and t❑ the ex�ent nvt prohibited by law, a[E
<br /> reasonabl� expenses Lender incurs �ha� in Lender's opinian are necessary at an� time �ar the pro�e�#ivn ❑� its
<br /> interest❑r th� en�orcement of E�s rights sha�l beGome a par�af the Indebtedness payable an demand and shall i�ear
<br /> int�res� a� the Credit Agreement rate frvm the da�e o� the expenditure until repa�d. Expenses co�ered by �his
<br /> pa�ag�aph inc[ude, with�ut limitatian. howeWer sub�ec�to any limi�s under applicahle law, Lend�r's a��orneys' �ees
<br /> and Lender's legal ex�enses, whether or nvt �here is a lawsuit, in�luding a��arneys' �ees and expenses �or
<br /> ban�ruptcy proceedings,{including et�vr�s �v modity or�aca�te any au�omatic stay or in�unction}, appeals, and any
<br /> antt�ipated post judgmen� collection ser�ices, the �ost o� sea�ching records, ❑btaining titie reports {including
<br /> �forecEosure reports�. Sur�By�rSt repvrts, and appraisal fees, tit[e insurance, �nd fees far#he Trus�tee, ta the extent
<br /> p�rmitted by applicab[e law. Trustor a!s❑wi[� pay any caur�costs, in addition t❑ a!I other sums pra�ided by law.
<br /> MISCELLANEDUS PRDVISI�NS. The�ollowing misc�llanevus pro�isions are a part o�this Deed of Trus�:
<br /> Gvverning Law. This Deed o�Trus� wiI� he go�erned by �ederal law applicable #o Lender and, t� the extent not
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