|
201009329
<br />DEED QF TRUST
<br />(Contlnt��d)
<br />Page 5
<br />Proparty or protect the security of tMe Property; and, wlth or without takin� passesslan af the Property, sue for or othervvis�
<br />collsct the rents, issu�s end prof(ts qf the properly, induding thoae past due and unpatd, snd apply the same, less r.osts and
<br />axpenses af op�ratian and collection attorneys' faes, to any indebtednass secured hy ihis De�d nf Trust, all in such order as
<br />Lender may deterrnine. 7he antering upan and taking possessian of the Properfy, the colfection of such rents, Issues and
<br />proflts, and the application thereaf shall ndt cure or waive any default or notioe of default tander this Deed of 7rust or
<br />invalidate any act done in response to such deieult or pursuant to such nottce af default; and, natwl[hstanding the
<br />cqnf�nuance in posa�ssion of the Properhr qr the cpliectian, receipt and application of renfs, issues or profits, Trustrie ar
<br />l.ender shetl be entlpec! to exercise every right prnvid�d far tn the Credit Aqreement or the Rel�ted Dacumen#s ar by law
<br />upon the occurr�nce af any avent nf default, inciuding the right ta axercise the power of sale;
<br />(b) Commence an action to fpreciase this Deed vf Trust �s a mortgage, appaint a receiver or speciflcally enforce any of the
<br />cavena►�ts hereof; and
<br />(c) Deliver to Trustee a wrftten daciaraHan of dsfault ar� demand for sale and a written notice pf def�ult and electian to
<br />cause Trustpr's interest in the Prpperty tv be sofd, which natice 7rustee sha11 cause to be duly �iled for record in the
<br />appropriate otfloes of tha Gaunty in which the Property is Ic�atad; and
<br />{d) UV�#h respect tn ell nr any part pf the Personaf Praperty, Lender ahatl hsva all the rights and remedies o# a sacured party
<br />ursder the fdabraska Uniform Comm�rclal Coda.
<br />For�cla�ure by Power pf 8ale. If Lender elects to foreclose by exarcise of the Power oi Sale herein cvntained, Lender shall notlfy
<br />Trustae and shalf deposit with Trustee this 17eed of Trust and t�e Credit Agreement and such rocetpts and evidence oF
<br />expe�ditures made and secured by ihis Deed of Trust as 7rustee may require.
<br />(a) Upon receEpt of such natice frnm l.ender, T'rustee shal! cause to be reoorded, pubilshed and delivered to Trustar such
<br />hlotica af pefauik and Natice af Sale ss th�n required by f�w and by this Deed ai Trust. Trustee shall, withncat demand on
<br />Trustor, after sUah time as may fhen be requlred by law and after recvrdation of such Notir.e of 1]efault and efter Nafir,� of
<br />Sale havinq been given as required by law, eeit the Property at th� time and plave of sale flxed by it In such Notice af Sale,
<br />either as a whole, or in separate lots or parc�ls or items as Trustee shall daem expedient, and tn such order as Et may
<br />determine, at publlc euctivn to the highest bidder fpr r,ash In {awful money af the Llnited Statea payable at the time of sale.
<br />Trustee shell deliver ta suah purchaser or purohasets therepf its gvod and suffiaient deed or deeds corneying th� praperty so
<br />so[d, but without any oovenant or wa►'ranty, express or impUed. 7he recafais in such dged ot any matters or facts shalE be
<br />conctustve proof' of the truthfulness fhereaf. Any person, inciuding without Ilmltation 7rustor, Trustee, nr Lender, may
<br />purchase at suCh sale.
<br />(b) As may hs p�rmttted by law, after deducting �It costs, feas and expenses af Trustee and af this Trust, Inclading cosfs �f
<br />evldenoe of title in connectfon with sale, Truatee shatl apply tha proce�ds of sale to payrnent vf (1) all sums expendad artder
<br />the terms of thl� Deed of Truffit ar under the terms of the Credit Agreemerit not then repaid, including but not Iktnited to •
<br />ac;crued interest snd late char�es, (11j aA aE�er sums th�n secured hereby, and (liiy the remainder, if any, to the persvn ar
<br />persons IsgaAy entitled thereta.
<br />(c) Trustee may in the manner provided by law postpone saie of aA or eny portion of tha Property.
<br />Remediea Not Exciuslve. Trustee and Lander, ar�d each af them, shalt be entikled in �nforce payment and perfarmancs of any
<br />Indebtedn�ss or obligatians secured by thfs peed of''Trust and ka exercise all rights and paw�rs under this Dsed af 7rust, under the
<br />Credit Agreemet�t, ander any of the i�elated Dacuments, ar under any other agreement or any laws nvw or hereafter in farce;
<br />natwithstanding, some or ap of such indebbednese and vbligatlons se�red by this Deed of Trust may now or hereafGer be otMerwise
<br />secured, whether by mnrtgage, daed of truat, piedg�, Eien, �ssignmeht vr otherwfse. Nelther the acc�ptance of this Aeed of Trust nnr
<br />its enforcement, whether by court action or pursuant to the power of sgte ar ather pawers cnntained in this De�d pf Trust, shall
<br />prejudice cr in any menner affect Trustea's or lender's right ta realize upon ar enfarce arry ofher security nvw or hereafter held hy
<br />Trustee or Lender, it being agr�sd that Trustee and Lender, and each of them, shali ba eritltted to enforce this Dee�i oT Trust and any
<br />other secuNty now qr hereafter held by Lender or Truatee in such order and manner as they or elther af them may in their absolute
<br />dfscretian detarm3ne. 1Jo remedy oonf��red upon or reserved fo T�`ustee or LendBr, is intended to be Bxclusive of any other remedy in
<br />this Deed af 1'rust or by !qw provided or permitted, but each shali be cumulative and shaA be in additinn ta every other remedy glven in
<br />thls pasd of Trust ar now ar here�fter exlsting at Iaw or in equity or by statute. Every power ar remedy given by the Credlk
<br />Agraement or any af the Related Doaaments to 7rustee or Lender ar to which either crt them may be atherwis� �ntitied, may be
<br />exercfsed, concumanfly or Independentty, from time tp time and as aften as may be deemed axpedient by Trustee or Lendar, and
<br />either oT them may pursue Incanslsterrt remedies, IVothing in this beed of Trust shall be construed �s �rohlbiking L,ender fram seekir�g
<br />a d�flc€ency )ud�ment against the 7rustor ta fhe extgnt �uch acfion is permitted by law.
<br />Electiqn of Remedles. All t+f Lender's rights and remedies wilf be oumulative ar�d may be exercis�d alone pr tagether. If Lender
<br />deoldea ta spend money or to perForm� any qf Trtistors obiigatinns under this Daed of Trust, after Trustor's failurs tv da sa, that
<br />decision by Lender wilJ not aifect Lender's right to dedare Trustor in defautt and to axercl�e Lender's rBmed(es.
<br />iiequest for Nptics, Trustor, nn behaif of 1"rusto� and Lendnr, hereby requeats that a capy vf e�ny Notice oi DeFault and a capy of any
<br />fVotiee of Sale under this Deed af Trust be mailed tp th�m at the addresae� set forth in tF�e' flrst paragr�aph of fhl� Deed of Trust.
<br />Attarneys' Feea; Expenses. If Lender Institutes �ny suit or action to enforcn any of the t�rrrcs pf thts peed of Trust, Lender shalf be
<br />entitled to reoaver such sum as the court may adjudge reasonab�e as attomeys' fees at tr�al end upon any �appeal. Whether or not any
<br />court actlon is IrnoFved, and to the extent not prohibited by law, all reasonabls axpensea Lender inours that ln Lende�s opfnion are
<br />necessary at any time fpr the protection pf tts ir�terest or the enfarcement of its rEghts shall beccme a part af the Indebtedness payabl�
<br />an demanct and shall bsar interest at the Gredii Aqreement rate from the date a9 the Bxpenditur� untll repaid. Expenses covered by
<br />thla paragraph [nciuda, withaut lirrrltativn, however subject to any 1lmtts under appllcable law, Lende�'s attorneys' fees and L.ender's
<br />legal expanses, wh�tMer or n�t there is a lawsuit, including attpmeys' fees and exper�ses fnr bankruptcy prooeedings (incfuding efforts
<br />to mndify pr vec�fe any automa�c stay or inJunctivn), appeals, and any �ntir�p�t�d past judgment calfection services, !he cast af
<br />searching reoord�, nbtafning title reports (Including foreclosure reports), surveyars' r�pprts, and appraisal fdes, tlile Insurance, and
<br />
|