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<br />DEED OF TRUST <br />(Continued) <br /> <br />200903892 <br /> <br />Page 6 <br /> <br />determine, at public auction to the highest bidder for cash in lawful monay of tha Unitad States payable at tha time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may <br />purchase at such sale. <br /> <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of m all sums axpandad undar <br />the terms of this Deed of Trust or under the terms of the Credit Agreement not then repaid, including but not limited to <br />accrued interest and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or <br />persons legally antitled thereto. <br /> <br />(c) Trustee may in tha manner provided by law postpone sale of all or any portion of the Property. <br /> <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations sacurad by this Deed of Trust and to exercise all rights and powers under this Daed of Trust, under the <br />Credit Agreement, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; <br />notwithstanding, some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor <br />its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall <br />prejudice or in any manner affect Trustee's or Lender's right to reali1:e upon or enforca any other security now or hereafter held by <br />Trustee or lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any <br />othar sacurity now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute <br />discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in <br />this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in <br />this Deed of Trust or now or hereaftar existing at law or in equity or by statute. Every power or remedy given by the Credit <br />Agreement or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be <br />exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and <br />either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking <br />a deficiency judgment against the Trustor to the extent such action is permitted by law. <br /> <br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may ba exercised alone or together. If lender <br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that <br />decision by Lender will not affect Lender's right to declare Trustor In default and to exercise Lender's remedies. <br /> <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 <br />Notice of Sala under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Daed of Trust. <br /> <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Daad of Trust, Lander shall be <br />entitlad to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any <br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are <br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable <br />on demand and shall bear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by <br />this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lander's <br />legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts <br />to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of <br />searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title Insurance, and <br />fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums <br />provided by law. <br /> <br />Rights of Trustee. Trustee shall hava all of the rights and duties of Lender as set forth in this section. <br /> <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this <br />Deed of Trust: <br /> <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take tha following <br />actions with respect to the Property upon the written request of Lender and Trustor: (a) join in praparing and filing a map or plat of <br />the Real Property, including the dedication of streets or othar rights to tha public; (b) join in granting any easement or creating any <br />restriction on the Real Proparty; and (c) join in any subordination or other agreement affecting this Deed of Trust or the intarest of <br />Lender under this Deed of Trust. <br /> <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set <br />forth above, with respect to all or any part of the Property, the Trustee shall hava the right to foreclose by notice and sale, and Lender <br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable <br />law. <br /> <br />Successor Trustee. Lendar, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed undar <br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recordar of HALL County, <br />State of Nebraska. The instrument shall contain, in addition to all othar matters required by state law, the names of the original <br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name <br />and address of the successor trustee, and the Instrument shall be executed and acknowledged by all the beneficiarias under this Deed <br />of Trust or their successors in interest. The successor trustee, without conveyanca of the Property, shall succeed to all the title, <br />power, and duties conferred upon tha Trustae in this Deed of Trust and by applicable law. This procedure for substitution of Trustee <br />shall govern to the exclusion of all other provisions for substitution. <br /> <br />NOTICES. Any notice required to be given under this Dead of Trust, including without limitation any notice of default and any notice of <br />sala shall be givan in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwisa <br />