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'� DEED OF TRUST � 01 � U 6 5 7 5
<br />Loan No: 101243314 (Continued) Page 4
<br />of a secured party under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br />Lender shaff notify Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agraement and
<br />such receipts and avidenca of expenditures made and secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivared
<br />to Trustor such Notice of Default and Notica of Sale as then required by law and by this Deed of Trust.
<br />Trustae shall, without demand on Trustor, after such time as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell
<br />the Property at the time and place of sale fixed by it in such Notice of Sals, either as a who(e, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br />at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting a(I costs, fees and expenses of 7rustee and of this
<br />Trust, including costs of evidence ot title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended undar the terms of this Deed of Trust or under the terms of the
<br />Credit Agreement not then repaid, including but not limited to accrued interest and late charges, (ii) all
<br />other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled
<br />thereto.
<br />(c) Trustee may in the manner provided by law postpona sale of aII or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br />parformance of any indebtedness or obligations secured by this Deed ot Trust and to exercise a!1 rights and powers
<br />under this Deed of Trust, under the Credit Agreement, under any of the Related Documents, or under any other
<br />agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and
<br />obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed
<br />of trust, pledge, lien, assignment or otherwisa. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in tF�is Deed of 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
<br />hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to
<br />enforce this Deed of 7rust and any other sacurity now or hereafter held by Lender or Trustee in such order and
<br />manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or
<br />reserved to Trustee or Lender, is intanded to be exclusive of any other remedy in this Dead of Trust or by law
<br />provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this
<br />Deed ot Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the
<br />Credit Agreement or any of the Related Documents to Trustee or Lender or to which either of them may be
<br />otherwise entitled, may be exercised, concurrentty or independently, ftom time to time and as often as may be
<br />deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this
<br />Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgmant against the Trustor to
<br />the extent such action is permitted by law.
<br />Election of Remedies. Alf of Lender's rights and remedies will be cumulative and may be exercised alone or
<br />together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust,
<br />after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default
<br />and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Daed of Trust be mailed to tham at the addresses set forth in the first
<br />paragraph of this Deed of 7rust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of tfiis Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Credit Agreement rate from tha date of the expenditure until repaid. Expenses covered by this
<br />paragraph include, without limitation, however subject to any limits under appticable law, Lender's attorneys' fees
<br />and Lender's Iegal expenses, whether or not there is a lawsuit, including attorneys' fees and axpenses for
<br />bankruptcy proceedings iincluding efforts to modify or vacate any automatic stay or injunction), appeals, and any
<br />anticipated post-judgment collection services, tfie cost of searching records, obtaining title reports (including
<br />foreclosure reports), survayors' reports, and appraisal fees, title insurance, and fees for tha Trustee, to the extent
<br />permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
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