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D��D OF TRUST 2 010 �1'7 5 5 7
<br />Lvan Na: 87205$A$7 (Con#inued) Page 4
<br />the purpose of making, executing, delivering, filing, r�r,arding, and doir7g all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the precedinc� para,yraph.
<br />FULL PERFpRMANCE. It Trustor pays all the Indehtedness whc�n due, terminates lhe credit liri� t�r.count, �nd otherwise nerforms all the
<br />obligations imposed upon 7rustor ur�der this Deed of Trust, Lender 5hall execute �nd deliver to TrustPe fl request Tor full reconveyanre and
<br />shall execute and deliver to Trustor suitable statements of terrninafion uf �ny fin�ncing statement on file Pvidenciny LendPr'S securiky
<br />interest in the Rents and the Personal Property. Any reconveyancc f�e required by law shall t�e paid by TruStor, iF permitted hy applicable
<br />law.
<br />EVENTS OF DEFAUL?. 'lrusior will be in default under this C]eed of 'Trust if any of the following happen: (/1) 1'rustor commits fraur.i or
<br />makes a material misrepresentation t�t any time in connectiorr with tlie Credit Agreement. This c.an include, tor example, a fals? statement
<br />a6out Trustor's income, assets, liabilitiss, or any other aspects of TrGastor's financial conditiorr. (8) Trustor does nnt m�et the repayment
<br />terms of the Credi't AgreemPnt. (C) Trustor's action or inaction �dversely effects the collat.eral or Lender's rights in tli� r,ollateral. This
<br />can include, for example, failure to maintain required insurance, waste or destrGar,tive use of the dwelling, failura to pay taxes, death of all
<br />persons liable on the account, transfer of citle or sale of the dwelling, creation of a senior lipn on the cJweliing without Lender's permissibn,
<br />foreclosurP by the holder of another lien, or the use of funds or the dweliing {or prphibited purposes.
<br />RIGHTS ANCI REMEDIES AN DEPAULT. If an Event of fJefault occurs under this peecl of Trust, �t any time thereafter, 1 rustee or Lender
<br />may exercise any one or mare of the follnwing riyhts r�nd remedies:
<br />Acceieration Upon Default; Additianal �iemedies. If any Event of Default occurs as per the terms of the Gredit Agreement
<br />secured hereby, L�ncler may declare 8II Ifl(IP.h(P•(�I1P.55 secured by this beed of Trust to be clue and payable and the same shall
<br />thereupon become due and payable without any presentment, dernand, prntest or notice of any kind. l hereaTYer, Lender may:
<br />(a) Fither in person or by ac�ent, wifh or without brin�iny any acliory or prnr.eediny, or I�y a receiver �ppointed hy a court and
<br />without regard to the adequacy af irs security, enter upnn �nd take possassion of the f'roperty, or any part thereof, in its
<br />own name nr in the name of Trustee, ar7Ci do ai�y acts which it deems ner,ess�ry or desirablc to preserve the value,
<br />marketability or rentahility of the Property, or part of the Property or int�rest in tYie Froperty; increase the income from the
<br />Property or protect the security oF the F'roperty; and, with nr withoG�t taking possession of the f'roperty, sue Tor or otYierwise
<br />collect the rent5, issues and protits of the Property, including those past due and unpaid, and apply lhe sarne, less costs and
<br />expenses of operation and collection attomeys' fees, to any indebt�dness secured by ti�is Ueed of Trust, all in sur,h order as
<br />Lender may determine. The enterin3 upon and tal<iny possession of the Property, the cnllection qf such rents ISSLIF?5 and
<br />profits, and the appliaetion thereot shall not cure or waive any defeult or noticP nf default under this Deed of Trust or
<br />invalidale any act done in resppnse I:o ,�,m,h deF3ult or pursuant. to such notir.e of dc:fault; and, notwithstanding ihe
<br />continuance in possession of the Prvperty or the collection, rar,�ipt and application of rents, issties nr prpfits, - Prustee or
<br />Lender shall be entitled to exercise every right providec) for in th� Credit Agreemer�t or tlie Related Qocument5 or by law
<br />upon the occurrence of any event of default, inr.luding the right to exercise the pnwnr of sale;
<br />(b) Commeryce an action to foreclose this peed of Trust as a n�ortgage, appoint. a receiver or specifically entorce any of the
<br />covenants hereof; and
<br />(c) beliver to Trustee a written declaration [�F default and dernand tor sale ;�nd a written notice of default and election to
<br />cause Trustor's interest in tha Prnpsrky to be sold, which notic� Trustee shail cause fo he duly filed Tqr rPCOrd in the
<br />appropriate offices of the County in which the Property is Ic�cated; �nd
<br />(d) With respect to all or any part of the Personal Properky, L�nder shall have all ttie right.s and remedies of a secured party
<br />under the Nebraska Unif�rrn Commercial Codo.
<br />Foreclosure by Power of Sale. If Lender elects to Foreclose by exerr,ise of the Fower of 5ale herein cont�ained, Lender shall notify
<br />7rustee and shall deposit with Trustee this Deed of Tr'ust and thP Gredit Agreement a��d su�;h receipts and evidence of
<br />__ezpenditi7�e� rr��d� ar18 5ecurecr by this []P,ed uf `Fru�t a5 Trustee may r�qutr�. _ _ __. --.-- --- ..
<br />(a) Upon receipt of such noticm frorn 1_ender, TrustPe shall cause to be r�;r,orded, publishecl and delivpred to Trustor such
<br />Notice of default and Notice of Sale �s th�n required hy law and by this Ueed af "f rusl. T'rust�e shall, without demand on
<br />Trustor, after such time as niay then 6c required by law �nd after recordatior� r�( such Notir.e of Uefault and aTter Notice of
<br />5ale having been given as required by law, sell lhe Property at the time and plar.e of sale lixed by it in sueh Nofice oi Sale,
<br />either as a whole, or in separate lots nr parcels or iterns as Truste� shall deem expedient, and in such prder as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the Unit?d St�tes payable at the time of s�le.
<br />Trustee shall deliuer to such purchaser nr purch�ser� th�reof its go<�d and su(iicient decd or deeds conveying the properly so
<br />sold, but without any cavenant or warranty, express or implied. 'The recitals in sur,h deed of any rnatters or far,ts shall be
<br />conclusive prvof oT th� truthfulness thereof. Any person, includinq without limitation trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As mey be permitted by law, efter dedur,ting all costs, fees and expenses of Tnistee arid of this TYust, including costs oi
<br />evidence of title in cnnnection with sale, Trustee shall apply [he proceeds of sale tn payment of (i) �II surns expended under
<br />the terms qf this Deed of 'Trust or under the YPfff1S of lhe CfBC11Y AC�rB8fT1P..11! not then repaid, including but not limited to
<br />accrued interest and lale r,harges (11) all ofher $LIIT15 t�l@Il secured herehy c'�fl(� liii) the reir�ainder, If 311�1, tU tfl@ person or
<br />persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion [�( the f'roperty.
<br />Remedies Not Exclusive. �f'rusleP and Lender, and each of tliem, sh?II he entitlecl tcr errfurr,e payment and performance o( ?ny
<br />inde6tedness or o6ligations ser,ured by this Ueed of Trust and to exercise all riyhts ancf �:�owers under this beed of Trust, under th�
<br />Credit Agreement, under any of the Related Uacuments, or under Tny other agreetnent or any laws now or hereafter in force;
<br />notwithstanding, some or all of such indebtedness and vbligations �ec:ured by this DePd of Trust may now nr herea(ter he atherwise
<br />secured, whether by mortgago, deed of trust pledge, lien, assignment or oiherwise. Neilher the accepYat7ce of this Deed of Trust nor
<br />its enforcement, whether by court acl'inn or pursuant tn the power of sal? or other powers contained in this Deed of Trust, 5hall
<br />prejudice or in any manner affer,t Trustee's or Lender's riyht to realize �.ip�n nr enforce any other ser.urity now or hereafter hel�i by
<br />trustee or l.ender, it being agreed that Trustee antl l.ender, end each of them, shall be entitted to enforce this Deed of Trust and any
<br />other security now or hereafter held by Lender or Trustee in such order and manner as they or eithc:r of them may in their absolute
<br />discretion determine, No remedy conferred upon or reserved to Tn.istee or Le�ndcr, is incended to he exclusive of any other rernecly in
<br />this Deed of Trust or 6y law provided or permitted, but ear.h shall he c;umulative and shall be in �dc#ition to every other remedy giv�n in
<br />this beed of Trust ar now or here�fter existing at law or in equity or by statute. �v�ry pnwer or rei7�edy given by the Credit
<br />Agreement or any of the Related Docurnents ta Trustee or L.ender or to which eithcr of thern rnay k�e otherwise entitled, may t�e
<br />exercised, cpncurrently pr indeF.iendenYly, from time to I:ime and as offen as may �e deemed expedient hy Trustee or Lender, and
<br />either of them may pursue inconsistent remedies. Notkiing in thi5 Ueed of Trust shall be cc�r75triaed as prohibiting L.erider irom seeking
<br />a deficiency judgment against the Trustor ta the exterit such �ction is �:rermitted by law.
<br />Electian of Remedies. All of Lender's righis �+nd remedies will b� c;umulatiue and may be exercised alone or togetfyer. If Lender
<br />decides to spend maney or to perform any of Trustbr's ohligations under this D�ed of Trust, after Trustor's failure Yo do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in deiault and tv exercise Lei�der's remedies.
<br />Request for No#ica. ?rustor, on bPhalf of 7rusYor and Lender, hereby r�quests that a copy of eny Nntice of C)Ffault and a copy of arry
<br />Nntice of 5ale under this Deed of Trust be mailed to them at tfie addresses set forth in th� first paragraph of thi� Deed of Trust.
<br />Attorneys' Fees; Expenses. If l.ender institutes �ny suit or action to ent'orce any nf the terms of tliis UPed nf Trust, Lender shall be
<br />antitled to recover such sum as the court may adjudgc� reasonable as attorneys' fees at trial and �ipon any �ppeal. Wliether or nnt �ny
<br />court acfiqn is involved, anc� to the extent not prohibitecl by law, all reasonaY�ic� expenses L.ender incurs that in Lender's npininn are
<br />necessary at any time Tar the proter,lion of i#s interest or the enforcerrient nf its ri�hts shall hecorne a part of t.he Indc�btedness payable
<br />pn demand and sliall bear interest at the Credit Agreement rat� irom the date of ttie expenditure until re�:�aid. Expenses covered by
<br />this paragraph include, without IimiYation, however subject to any limits under applicable law, lender's attorneys' (ees and Lend�r's
<br />leyal expenses, whether or not there is a lawsuit, including attorneys' fees �nd c:xpenses for hankruptcy proceedings (including efforts
<br />to mpdify br vacate any autom�tic stay or injunr,tinnl, appeals, and any anticipated post•judgment r,c�llec,lion services, the cost of
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