DEED OF TRUST
<br />(Continued) 200209906 Page
<br />spend money or to perform any of Truster's obligations under this Deed of Trust, after Truster's failure to do so, that decision by Lender will
<br />not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<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 />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Dead of Trust, Lender shall be entitled
<br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
<br />involved, and to the extent not prohibited by law, all reasonale expenses Lender incurs that in Lender's opinion are necessary at any time
<br />for the protection of its interest or the 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, Lender's attorneys' 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 cost of searching records, obtaining title reports (including
<br />foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, M Me extent permitted by applicable law.
<br />Truster also will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the Powers and obligations of Trustee are we 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 Me following actions
<br />with respect to the Property upon the written request of Lender and Truster: (a) join in preparing and filing a map or plat of the Real
<br />Property, including the dedication of streets or other rights to Me public; its loin in granting any easement or creating any restriction on Me
<br />Real Property; and (c) join in any subordination or other agreement affecting this Dead 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 par[ of Me Property, the Trustee shall have Me right 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 the 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 Me 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 Lender, Trustee, and
<br />Trustor, the book and page (or computer system reference) where this Dead of Trust is recorded, and the name and address of Me
<br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their
<br />successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the 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 Me exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Dead 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, ramified or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Dead of Trust. All copies of notices of foreclosure
<br />from Me holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed
<br />of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice M Me other person or
<br />persons, specifying that the purpose of the notice is to change Me pemon's address. For notice purposes, Trustor agrees to keep Lender
<br />informed at ell times of Trustor's current address. Unless otherwise provided or required by law, if there is more Man one Truster, any notice
<br />given by Lender to any Truster is deemed to be notice given to all Trusters. It will be Trustor's responsibility to tell the others of the notice from
<br />Lender,
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a par[ 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 the change or amendment.
<br />Caption Headings. Caption headings in Mis Deed of Trust are for convenience purposes only and are not to be used to interpret or define
<br />Me provisions of Mis Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in Me 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 state 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 Dead 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 Truster under this Deed of Trust shall be joint and several, and all references to Truster shall
<br />mean each and every Truster. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Truster understands Lender will not give up any of Lenders rights under this Deed of Trust unless Lentler does so in
<br />writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in
<br />writing to give up one of Lenders rights, net does not mean Truster will not have to comply with Me other provisions of Mis Deed of Trust.
<br />
|