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DEE� UF TRUST � O 10 U'7 8 S 7
<br />L�an Na: 87'2058D95 (Co�ltlnu�d) Page 4
<br />Acceleration Upon Defauit; Additivnal Ramedias. If any Event of Pefault occurs as per the terms of the Credit Agreement
<br />secured hereby, Lender mey declare all Indebtedness secured by this Deed of Trust to be d�ae artd payabie and the same shall
<br />thereupon become due and payable without any presentment, demand, protest or n�tice oi any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without k�ringing any action or proceedinq, qr by a rer,eiver appointed 6y a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name qf Trustee, and da any acts which it deems necessary or desirable to pr�serve the value,
<br />marketability or rentability of the Property, or part ot the Property or interPSt in tY�e Property; increase the incom� from the
<br />Property pr protect the security nf the Prpperty; and, wilfy or withnut taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits of the Property, including thnse past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any inde6tedness ser,ured by t:his Deed �f 7rust, all in such nrder as
<br />Lender may determine. The entering upon and teking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this beed of Trust or
<br />invalida#e any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />cvntinu�nce in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Credit l�greement or the Related Documents or by law
<br />upon the occurrence of any event of default, including thQ right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Tnast as � mortc�age, appoint a receiver or specifically enforce �ny of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of deiault �nd demand (or sale and a written nbtice of default and election To
<br />cause Trustor's interest in the Property to be sqld, which notir.e Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by power of Sale. It Lender elects to foraclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Uead of Trust and the Cradit Agreement and such receipts and evidenco of
<br />expenditures made and secured by this peed of Trust as Trustee may require.
<br />(a) Upon receipt of such notica from Lender, Trustae shall cause #0 6e recorded, puUlished and delivered to trustor such
<br />Notice of Default and Notice of Sale as then reyuired 6y law and by this Deed nT Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required t�y law and after recordation of such Notice of Default and after Notice of
<br />5ale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction tn the hiyhest k�idder tor cash in lewful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its yuod and sufficient deed or deeds conveying the property so
<br />spld, but without any cpvPnant or warranty, exprPSS or implied. The recitals in such deed of aryy rnatters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, includiny withput limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and Pxpenses of Trustee and of this Trust, including costs of
<br />evidence of title in connec#ion with sale, TruStee shall apply the prqc��ds of sale to p�yment of (i) all sums expended under
<br />the t�rms of this Deed of Trust or under the terms of tha Credit Agreement not th�n repaid, inr,luding but not limited co
<br />accrued interest and late charges, (ii) all other 5ums then secured hereby, and (iii) the remainder, if any, to the person or
<br />persons legally entitled thereto.
<br />(c) �rustPe may in the m8nner F�rovided by law postpane s�le of all or any portion of the Property.
<br />Remedies Not �xclusive. Trustee and Lender, and each oF them, shall be enCitled to er7force payment and perfnrmence of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights �nd powers under this Deed of Trust, under the
<br />Gredit Agreement, under any qf thp Related �ocuments, or under any other agreem�nt or any laws now or hereafter in force;
<br />notwithstanding, spme or all pf such indebtedness and obligations secured by this beed of Trust may now or hereafter be otherwise
<br />secured, whether 6y mortgage, deed qf trust, pledge, lisn, assignment or otherwise. Neither the acceptance of this beed of Trust nor
<br />its enforcement, whether by court action or pursuant to the power of sale or other powers contained iri this Deed of 7rust, shall
<br />prejudice or in any manner effect Trustee's or Lender's right to realize upon or errforce any other securicy now or hereafter held by
<br />Trustee or L.ender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and eny
<br />other securiry now or hereafter held by Lender or Trustee in such order and manner as they or either of #ham 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 pravided or permitted, but each shall bo cumulative and shall be in addition tb every other remedy given in
<br />this Deed of Trust or now or hereafter existing at law or in equiYy nr hy statute. Every power or remedy given by the Credit
<br />Agreement or any of the Related Documents to Trustee nr LPnder or to which either of them may be otherwise entitled, may be
<br />exercised, cancurrently or independently, from time ta time nnd as oiten as may be deemed expedient 6y Trustee or Lend�r, and
<br />either of thern may pursue incnnsistent 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 aclion Is permitted by law.
<br />Election af Remedies. All of Lender's rights and remedies will be cumulakive and may he exerr,ised alnne or together. If l.ender
<br />decides to spend money or to perform eny of Trustor's obligations under this Deed of Trust, �fter Trustor's failure to do so, that
<br />decision 6y Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Requast for Notice. Trustor, on behalf of Trustor and Lender, liereby requests that a copy of any Notice of Default �nd a capy of any
<br />Nptice of Sale under this beed of 7rust 6e mailed to them at t'h? 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 thP terms of this Deed of Trus#, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any eppeal. Whether or not any
<br />court action is involved, and to the extent not prahibi#ed by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />•.-._, .-. --- ..� n4ces�ary at any time for the protection of its interast or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest ac the Credit Agreement rate irorn the date of the expendilure unfil repaid. Expenses cov�red by
<br />this paragraph include, without limitation, hpw�ver subject to any limits under applicable law, LPnder's attorneys' fees and Lender's
<br />legal expenses, whether pr not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts
<br />to modify or vacate any automatic stay or injunctionl, a��eals, and any anticipated post-judgment collectiori services, the ebst of
<br />searching recards, obtaining title reports (including foreclosure r�ports►, surveyors' reports, and appraisal Tess, title insurance, and
<br />fees for the Trustee, to the extent permitted by applicable law. 1 also will pay any court costs, in addition to all other sums
<br />prpvided by law.
<br />Rights of Trustee. Trustee shall hava all of the righYs and duties of l.ender as set torth in this section.
<br />PQWERS AND OBLIGA710NS OF TRUSTEE. The following provisions relatinq to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of lew, Trustee shall have the power to take the followiny
<br />actions with respect to the Property upun the written request af Lender and ?rustor. (a) join in preparing and tiling a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in grantiny any easement or creating any
<br />restriction on the Real Property; and (c) joiri in any subordination or other egreement aifecting this Deed of Trust ar the interest of
<br />l.endPr under this Deed of Trust.
<br />Trustea. Trustee shall meet all qualiFir,ations required for - 1'rustee under applicable law. In addition to the rights and remedies set
<br />forth sbove, with respect to all or any part of the Property, the Trustee sh�ll hsv� the right to foreclose by notice and sale, and Lender
<br />will heve the right to foreclose by judicial foreclosure, in either case in accordanae with and to the full extent nrovided by applicable
<br />law.
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