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Loan No: 4019154
<br />DEED O� TRUST � 01 � 0'7 S 7 4
<br />(Continued)
<br />Page 6
<br />secured, whether by martgage, deed of trust, pledge, lien, assignment pr 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 af Trust, shall
<br />prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce 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 �eed of Trust and any
<br />other security 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 exclusiva of any other remedy in
<br />this Deed of Trust or by law provided or permined, but sach shall be cumulative and shall be in addition to every other remedy given in
<br />this Deed of Trust or now or hereafter 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 pr tp which either of them may be otherwise entitled, may 6e
<br />exercised, concurrently or independently, from time to time and as pften as may be deemed expedient by Trustee or Lender, and
<br />either ofi them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be cpnstrued as prohibiting Lender from seeking
<br />a deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or tpgether. 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 npt affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Request for Notica. Trustor, on behalf pf Trustar and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed pf Trust.
<br />A#torneys' Faas; Exqanses. If I.ender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the cnurt 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 prahibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interast ar the enforcement of its rights shall become a part of tha Indebtedness payable
<br />pn demand and shall bear interest at the Credit Agreement rate fram the date of the expenditure until repaid. Expenses covered by
<br />this paragraph include, without limitation, however subject to any limita 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 fpr 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 fpreclosure reports), surveyors' reports, and appraisal faes, 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 />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWEIiS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligatians of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustaa. In addition to afl powers of "Trustee er��ing a� �°tnst�r tsflaw, T�tr�t��"ehe1F'11�ve th� powarto Yake the foltoaving
<br />actions with respect to the Property upon the written request of Lender and Trustor: (a) joln in preparing and filing a map pr plat of
<br />the Real Property, including the dadicatian af streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) jpin in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustea. 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 pf the Prpperty, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />will have the right to fpreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may frpm time ta time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition to all other mattsrs required by state law, the names of the original
<br />Lender, 7rustee, 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 beneficiaries under this Deed
<br />of Trust or their successors in interest. 7he successor trustee, without conveyance of the Property, shall succsed ta all the titla,
<br />power, and duties conferred upan the Trustee in this Deed of Trust and 6y applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of 7rust, including without limitation any notice nf default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law►, when deposited with a natianally recagnized overnight courier, or, if mailed, when depasited in the United 5tates mail, as
<br />first class, certified ar registered mail postage prepaid, directed ta the addresses shown near the beginning pf thls Desd of Trust. All
<br />copies of notices of forecldsure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shpwn near the beginning pf this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpqse pf the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender infprmed at all times of Trustpr's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustar's reaponsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are � part af this Deed of Trust:
<br />Amendmants. What is written in this Deed of 1"rust and in the Related Documents is Trustor's entire agreement with Lender
<br />cancerning the matters cqvered by this Deed of Trust. To 6e effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be 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 npt tv be used to interpret or
<br />define the prpvisions of thia Deed of Trust.
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