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., DEED OF TRUST � p 110 7� 4�
<br />Loan No: 10��f Z45960 ' (Continued) Page 4,
<br />Lender shall notlfy Trustee and shall deposit with Trustee this beed of Trust and the Credit Agreement and
<br />such receipts and evidence 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 ceuse to be recorded, published and delivered
<br />to Trustor such Notica af Default and Notfce of Sale as then required by law and by thls Deed of Trust.
<br />Trustee shall, without demand on Trustor, after such time as mey then be required by law and after
<br />recordation of such Notice of Default end 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 IVotice ot Sale, either es a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it mey 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 io such purcheser 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 all costs, fees and expenses of Trustee end of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under tha terms ot the
<br />Credit Agreement not then repeid, including but not limlted to accrued.interest and late charges, iii) all
<br />other sums then secured hereby, and (iii) the remainder, if any, to the person or persons fegally entitfed
<br />thereto.
<br />(c1 Trustee may in the manner provlded by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shell be entitled to enforce payment and
<br />performance of eny indebtedness or obiigations secured by this Deed of Trust and to exercise all 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 otherwfse secured, whether by mortgage, deed
<br />of trust, pfedge, fien, assignment or otherwise. Neither the acceptance of this Deed ot Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this 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 />anforce this Deed of Trust end eny other security 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 intended to be exclusive of any other remedy in this Deed 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 of 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 mey be
<br />otherwise entitled, mey be exercised, concurrently or independently, from time to time and es 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 prohibit(ng Lender from seeking a deficiency judgment against the Trustor to
<br />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 afone or
<br />together. If Lender decides to spend money or to pertorm 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 deciare 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 ot Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; E�cpenses. If Lender institutes any suit or action to enforce any of the tierms of this Deed of
<br />Trust, Lender shali be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at tria!
<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 shal! become a part ot Yhe Indebtedness payable on demend and shall bear
<br />interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this
<br />paragraph include, without limitation, however subject to any limits undar applicable law, Lender's attorneys' fees
<br />and Lender's legai expenses, whether or not there is e lewsuit, including attorneys' fees end expenses for
<br />bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any
<br />anticipated post-judgment collection services, the cost of searching records, obtaining titie reports (including
<br />toraclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent
<br />permitted by applicable law. Trustor also will pay any court costs, in eddition 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
<br />preempted by federel law, the laws of the S#ate of Nebraska without regard to its conflicts ot law provisions. Thls
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
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