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2� 17�243�
<br /> DEED C]F TRUST
<br /> �Con�i n ued} Page �
<br /> such defau[#or pursuant�to such no#ice of default; �nd, natw�ths�anding the continuance in possess�on of
<br /> the Praper�y or the col�eGtion, receip� and application a� rents, issues or profits, Trustee or Lender shaf�
<br /> be enti��ed to exe�c�se e�ery r�ight pro�ided �ar in the Credi�Agreemen� or�he Related Documents or by
<br /> !aw upon the vccurrence nf any��ent o�default, including the righ�fo exercise th�power of sale;
<br /> �h} Commence an ac�ion to �oreclose this Deed of Trust as a mortgage, appaint a �ecei�er ar specifically
<br /> en�o�ce any vf the co�enants hereof; and
<br /> (c} Deliver to Trustee a written declara�ion ofi defau�# and demand�ar sa�e and a wri#ten notice af default
<br /> and election to cause Trus�or's interest�n �he Prap�rty�o be sold,which nat�ce Trustee shal! cause to be
<br /> duly f led�or reco�d in the appropriate offic�s vf the County in which the Prope�ty is located; and
<br /> �d} Vllith respect to af� or any par�o��he Personal Prvperty, Lender shall ha�e al1 the r�ghts and remedi�s
<br /> of a secured party under#he Nebraska Uniform Commercia! Code.
<br /> Foreclasure hy Power of Sals. If Lender el�c�s to foreclose by exereise of the Power of 5ale herein cc�n�ained,
<br /> Lender shal! notify Trus�ee and shall deposit with Trustee this Deed a�Trust and �he Credit Agreement and
<br /> such receipts and e�idence o�expenditures made and secured by this Deed of Trus#as T�ustee may requ�re.
<br /> �a} Upon receipt o�such no�ice from Lender, Trus�ee shall cause�o be recorded, pubfished and d�fi�ered
<br /> to Trustor such No�ice af Defau�� and Natice of Sale as#hen required by faw and by this Deed of Trus�.
<br /> Trustee shall, wi�hvu� demand an Trustor, after such time as may �hen be required by law and a�ter
<br /> recordation of such Notice o� De�auft and after Notice of 5ale ha�ing been gi��n as required by law, se�l
<br /> the Property at th� time and place af sale fixed by it in such No�ice of Sale, either as a wh�le, or in
<br /> separa�e lots or parcels or��ems as Trustee shall deem expedien�, and in such order as it may dete�mine,
<br /> at publ�c aue�ion to the h�ghest bidder fvr cash in lawful money o�the United States payable a��he time
<br /> of sa1e. Trustee shafl de�i�er to such purchaser or purchasers the�-eo� its good and sufficiertt d�ed or
<br /> deeds con�eying the property so sold, but w�thvut any co�enant or warranty, �xpress or implied. The
<br /> recitals in such deed o�any matte�s ar fac�s shalC be conclusi�e praof of the t�uth�ufness thereof. Any
<br /> person, incfud�ng withouf limifation Trustor, Trustee, or Lender, may purchase at such sale.
<br /> �b} As may be permitted by law, aft�r deduc��ng al1 costs, �ees and expens�s of Trus�ee and �f this
<br /> Trust, including c�s�s of e�idence o��it�e ir� connect�on with sale, Trus�ee shafl app[y the praceeds of sale
<br /> to payment of �i} a�l sums expend�d under the terms of this Deed o�Trust or under �he terms af�he
<br /> Credi�Agreement n���hen repaid, including but not limi�ed to accrued inter�st and la�e charges, �ii} al!
<br /> ather sums then secured hereby, and �i�i} the remainder, �f any, to the person or persons lega{fy ent�tled
<br /> there#o.
<br /> �c} Trustee may�n the manner pro�ided by law p�s�pone sal�of all or any por�ion of the Property.
<br /> Remedies Not Exclusi�e. Trustee and Lender, and each o� �hem, shal� be ent�tled to enforce payment and
<br /> perfvrmanc�af any indebtedness or obligations secured hy�his De�d of Trust and to exercise al! r�gn�s and powers
<br /> under �his Deed vf Trus�, under the Credit Agreement, under any o�the Related ❑acuments, or under any other
<br /> agr�ement or any laws naw or hereafter in force; nofin�ithstanding, some or al� of such indebtedness and
<br /> obl�gat�ons secured by this Deed vf Trust may now vr he�-ea�ter be otherwise s�cured, whether by mortgage, deed
<br /> o�trust, pfedge, lien, assignment o�otherwise. Neither the accep�ance af th�s De�d of Trust nar its enforcement,
<br /> whe�h�r by court ac�ian or pursuant to the power of sale ar othe� powers contained in �his Deed flf Trust, shal[
<br /> preJud�ce or in any manner afFect Trus�ee's or Lende�'s r�ght to realize upon or enforce any o�her securi�y now ar
<br /> hereaf�er held by Trustee or Lender, �t being agreed that Trustee and L�nder, and each o€them, shal� be entitled ta
<br /> enforce this Deed vf Trust and any o�her securi�y now or hereafter held by Lender ar Trustee in such arder and
<br /> manner as they or e�ther af them may in thei� absolu�e discretion de�ermine. No remedy conferred upon or
<br /> reserved t❑ T�ustee or Lender, is intended to be exclus��e of any ather remedy in this Deed of Trust or by !aw
<br /> pro�ided or permitted, but each shal� �e cumulati�e and shall be �n addition to e�ery other remedy given in this
<br /> ❑eed of Trust or now or hereafter-existing a� law or in equity or by s�atute. E�ery power or�emedy gi�en by �he
<br /> Credit Agreement or any v� �he Rela�ed Documents to Trus�ee or Lender or t❑ which either vf them may be
<br /> otherwise ent�t�ed, may be exercised, concurren��y or independently, fram �ime to �ime and as a�ten as may be
<br /> deemed expedien� �y Trus�ee or Lender, and either at them may pursue ineonsistent remedies. Nothing in this
<br /> ❑eed of Trus� shall b� cons�rued as proh�biting Lende�€�om seeking a de�F�ciency judgment against�he Trustar to
<br /> the exten�such action is permitted by law.
<br /> E�ection o# R�medies. All of Lender's rig hts and remed ies wi�! be cumulati�e and may be exercised alone or
<br /> togethe�, lf Lende�decides to spend money or�o pe�farm any af Trust�r's obfigations under this D�ed o�Trust,
<br /> after Trustor`s fai�ure to do so, that decisian by Lender wi�l nat affect Lender's right�a dec�are Trus�or in defauft
<br /> and�o exercise Lender's remedies.
<br /> Request for No�ice. Trustor, on behalf of Trustar and Lender, hereby reques�s th�t a copy nf any Not�Ge �f Default
<br /> and a �opy of any CVotice of�al� �nder this Deed af T�ust be mailed �❑them at the addresses set forth in the first
<br /> paragraph vf this Deed o�Trus�.
<br /> A�torneys' Fees; Expens�s. I� Lender institu�es any su�t or ac�ion ta en�orce any �f the terms o€th�s Deed of
<br /> Trus�, Lender shal! be entitled�o reco�er such sum as the cou�t may ad�udge reasonable as attorneys' fees at trial
<br /> and upon any appeal. lNhether or not any cou�t action is in�ol�ed, and to the extent n�� prohibi�ed by law, a1l
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