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�2-23-1999 � " �� ' i���12� DEED OF TRUST' � � ' ' � Page 4 �
<br /> Loan No 456118 (Continued)
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or speciflcally enforce any of the covenants
<br /> hereof;and
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor's
<br /> interest in the Property to be sold, which notice Trustse shall cause to be duly filed for record in the appropriate offices of the County in
<br /> which the Property is located;and
<br /> (d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the
<br /> Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,Lender shall notify Trustee and
<br /> shall deposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures made and secured by
<br /> this Deed of Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered to Trustor such Notice of Default
<br /> and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor,after such time as may
<br /> then be required by law and after recordation of such Notice of Default and after Notice of Sale having been'given as required by law,sell
<br /> the Property at the time and place of sale fixed by it in such NoHce of Sale, either as a whole, or in separate lots or parcels or items as
<br /> Trustee shall deem expedient,and in such order as it may determine,at public auction to the highest bidder for cash in lawful money of
<br /> the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold,but without any covenant or warranty,express or implied. The recitals in such deed of any matters
<br /> or facts shall be conclusive proof of the huthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by la�r,_aHx.dedueHnS a!I cosls,fees and ex�enses o#Trustee and of th'ss Trust, including cos4s of evidence of
<br /> title in connection with sale,Trustee shall apply the proceeds of sale to payment of (i)all sums expended under the terms of this Deed of
<br /> Trust or under the terms of the Credit Agreement not then repaid, including but not limited to accrued interest and late charges, (ii)all
<br /> other sums then secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remed(es Not bcclusive. Trustee and Lender,and each of them,shall be entitled to enforce payment and performance of any indebtedness
<br /> or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Credit Agreement,under
<br /> any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such
<br /> indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage, deed of trust,
<br /> pledge,lien,assignment or otherwise. Neither the acceptance of this Deed of Tr�st nor its enforcement,whether by court action or pursuant to
<br /> the power of sale or other powers contained in this Deed of Trust,shall prejudice or in any manner affect Trustee's or Lender's right to realize
<br /> upon or enforce any other security now or hereafter held by Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shall
<br /> be enHtled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discretlon determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be
<br /> exclusive of any other remedy in this Deed of Trust or by law provided or permitted,but each shall be cumulative and shall be in addition to
<br /> every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the
<br /> Credit Agreement or any of the Related Documenis to Trustee or Lender or to which either of them may be otherwise entitled, may be
<br /> exercised,concurrently or independently,from Hme to time and as often as may be deemed expedient by Trustee or Lender,and either of them
<br /> may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibitlng Lender from seeking a deficiency judgment
<br /> against the Trustor to the extent such action is permitted by law.
<br /> Request For Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Default and a copy of any Notice
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br /> Attomeys'Fees;bcpenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,lender shall be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys' fees at hial and on any appeal. Whether or not any court acfion is
<br /> involved,all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the
<br /> enforcement of its righis shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from
<br /> the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under
<br /> applicable law,Lender's attorneys'fees whether or not there is a lawsuit,including attorneys'fees for bankruptcy proceedings(including efforts
<br /> to modify or vacate any automatic stay or injunction), appeals and any anticipated post—judgment colleckien senr.ces, the cos! ot searchtrr�
<br /> records,obtaining tiHe reporis(inciuding foreclosure reports),surveyors'reports,appraisal fees,title insurance,and fees for the Trustee,to the
<br /> extent permiited by applicable Iaw. Trustor atso will pay any court cosis,in addition to all other sums provided by law. -
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pa�t of this Deed of Trust:
<br /> Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Nebraska. This Deed of Trust
<br /> shall be governed by and construed in accordance with the laws of the State of Nebraska.
<br /> Time Is of the Essence. Time is of the essence 1n the performance of this Deed of Trust.
<br /> Walvers and Consents. lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents)
<br /> unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a
<br /> waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the
<br /> pariy's right otherwise to demand sMct compliance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br /> dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights w any of Trustor's obligations as to any future
<br /> transactions. Whenever consent by Lender is required fn this Deed of Trust,the granHng of such consent by Lender in any instance shall not
<br /> constitute conHnuing consent to subseque�t instances where such consent is required.
<br /> Walver of Homestead bcemption. Trustor hereby reteases and waives all righis and beneHts of the homestead exemption laws of the State of
<br /> Nebraska ss to all Indebtedness secured by this Deed of Trust.
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