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DEED OF TRUST
<br />(Continued) 200306838 Page
<br />construed as prohibiting Lender from seeking a deficiency judgment against the Truster to the extent such action is permitted by law.
<br />Election of Remedies. All of Lenders rights and remedies will be cumulative and may be exercised alone or together. It Lender decide. to
<br />spend money or to perform any of Truster 'a obligations under this Dead of Trust, after Trusters failure tu do so, that decision by Lender will
<br />not affect Lender's right to declare Trustor in default and to exercise Lenders remedles.
<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 Sala under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender Institutes any suit or action tu enforce any of the terms of this Deed of Trust, Lender shall be entitled
<br />to recover such sum as Me court my adjudge reasonable as attorneys fees at trial and own any appeal. Whether on not any court action is
<br />Involved, and to Me extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
<br />for Me protection of its interest or Me enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Credit Agreement rate from the date of Me expenditure until repaid. Expenses covered by this paragraph include, without
<br />limitation, however subject to any limits under applicable law, Lenders allomeys' fees and Lender's legal expenses, whether or not there is a
<br />lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or
<br />Injunction), appeals, and any anticipated post - judgment collection Services, the cast of searching records, obtaining title reports including
<br />foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for Me Trustee, to the extent permitted by applicable law.
<br />Trustor also will pay any court costs, in addition to all oMer sums provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forts in this Section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
<br />Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions
<br />with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of Me Real
<br />Property, including the indication of streets or other rights to Me public; (b) join in granting any easement or creating any restriction on Me
<br />Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of
<br />Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth
<br />above, with respect to all or any part of Me Property, the Trustee shall have Me fight to foreclose by notice and sale, and Lender will have the
<br />right to foreclose by judicial foreclosure, in either case in accordance with and to Me full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this
<br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County, State of
<br />Nebraska. The instrument Shall contain, in addition to all other matters required by state law, the names of the original Lentler, Trustee, and
<br />Trustor, the book and page (or computer system reference) where Mis Deed of Trust is recorded, and the name and address of the
<br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Dead of Trust or their
<br />successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all Me title, power, and duties conferred
<br />upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall
<br />be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
<br />registered mall postage prepaid, directed to Me addresses shown near the beginning of this Dead of Trust. All copies of notices of foreclosure
<br />from the hostler of any Ilan which has priority over this Deed of Trust shall he sent to Lender's address, as shown near the beginning of this Dead
<br />of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or
<br />persons, specifying that the purpose of Me notice is to change Me person's atltlress. For notice purposes, Trustor agrees to keep Lender
<br />informed at all times of Theater's current address. Unless otherwise provided or required by law, If there is more than one Trustor, any notice
<br />given by Lender to any Trustor is deemed W be notice given to all Trustors. It will be Trusters responsibility to tell the others of Me notice from
<br />pander.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the
<br />matters covered by this Dead of Trust. To be effective, any change or amendment to this Deed of Trust must be In writing and must be
<br />signed by whoever will be bound or obligated by Me change or amendment.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define
<br />the provisions of Mis Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by Mis Deed of Trust with any other interest or estate in the Property at
<br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by and interpreted In accordance with federal law and the laws of the State of
<br />Illinois, except and only to the extent of procedural matters related to the perfection and enforcement of Lender's rights and
<br />remedies against the Property, which will be governed by the laws of the State of Nebraska. However, If there ever Is a question
<br />about whether any provision of this Dead of Trust Is valid or enforceable, the provision that Is questioned will be governed by
<br />whichever stele or federal law would find the provision to be valid and enforceable. The loan transaction which is evidenced by the
<br />Credit Agreement and this Deed of Trust has been applied for, considered, approved and made, and all necessary loan Documents
<br />have been accepted by Lender in the State of Illinois.
<br />Joint and Several Liability. All obligations of Trustor under this Decd of Trust shall be joint and several, and all references to Trustor shall
<br />mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deetl of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in
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