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DEED OF 200210405 Page6
<br />(Continued) inued)
<br />which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be
<br />deemed expedient by Trustee or Lender, and either of them may pursue Inconsistent remedies. Nothing in this Deed of Trust shall b r
<br />construed as prohibiting Lender from seeking a deficiency judgment against Me Truster to the extent such action is permitted by law.
<br />Election of Rematlin. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lander decides to
<br />spend money or to perform any of Truster's obligations under this Deed of Trust, after Trusters failure M do so, that decision by LaMar will
<br />hot affect Lenders right to declare Truster In default and to exercise Lender's remedies.
<br />Request for Notice. Truster, on behalf of Truster and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under thus Deed of Trust he mailed to them at Me 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 Dean of Trust, Lander shall be entitled
<br />to recover such sum as Me 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 exam not prehibited by law, all reasonable 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 pan of the Indebtedness payable on demand and shall bear
<br />Interest at the Credit Agreement rate from Me data of the expenditure until repaid Expenses covered by this paragraph include, without
<br />limitation, however subject to any limits under applicable law, LaMar's attorneys' fees and Lender's legal expenses, whether or rot there is a
<br />lawsuit, including attomeys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or
<br />injunction), appeals, and any anticipated postjulgment collection services, the cost 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 />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 fond 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 Me 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 pudic; (b) join in granting any easement or creating any restriction on the
<br />Real Property; and (c) join in any subordination or other agreement affecting this Dead of Trust or the interest of Lender under MIS Dead of
<br />Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set foul
<br />above, with respect to all or any part of the Property, Me 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. Lander, 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 LaMar 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, Me names of Me original Lender, Trustee, and
<br />Truster, the book and page (or computer system reference) where this Deed 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 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 Me exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this DeMl of Trust, including without limitation any notice of default and any notice of sale shall
<br />be given in writing, and shall be affective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, H mailed, when deposited In the United States mail, as first class, certified or
<br />registered mail postage prepaid, directed to Me addresses shown near Me beginning of this Dead of Trust. All copies of notices of foreclosure
<br />from the holder of any Ilan which has priority over this Deed of Trust shall be 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 Me other person or
<br />persons, specifying Mat the purpose of the notice is to change the person's address. For notice purposes, Truster agrees to keep Lender
<br />informed at all times of Trustors current address. Unless otherwise providetl or required by law, d there is more Man one Trusooa any notice
<br />given by Lender to any Truster is deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of Me notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What k written in this Deed of Trust and in no Related Documents is Trustors entire agreement with Lender concerning the
<br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must W
<br />signed by whoever will be bound or obligated by the 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 this Deed of Trust.
<br />Merger. There shall be no merger of the Interest or estate created by this Dead of Trust with any oler interest or estate in the Property at
<br />any time held by or for Me benefit of Lander 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 extant 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 tits Deed of Trust is valid or enforceable, the provision that Is questioned will be governed by
<br />whichever state or federal law would find Me provision to be "lid 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 Lander 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
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