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_ 201108094
<br /> DEED OF TRUST
<br /> Loan No: 08720583�5 (Contirtueti) Page 5
<br /> (a) Either in person or hy agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by a wurt and.without regard to the adequacy of its security,enter upon and take possession
<br /> of the Property,or any part thereof,in its o�vn name or in the name of Trustee,and do any acts which it
<br /> deems necessary or desirable to preserve tHe value,marketability or rentability of the Property,or part of
<br /> tRe Property or interest in the Property;increase the income from the Property or protect the security of
<br /> the Property; and, with or without taking possession of The Property, sue for or otherwise collect the
<br /> rents,issues and profits of the Property,including those past due and unpaid, and apply the same, less
<br /> costs and expenses of opera2ion and collection attorneys'fees,to any indebtedness secured bythis Deed
<br /> of Trust, aflin such ortler as Lender may determine. Tfie entering upon and taking possession of the
<br /> Property,the collection of such rents,issues and profits, and the application thereof shall not cure or
<br /> � waive any default or notice of default under this Deed of T�ust or invalidate any act done in response to
<br /> such default or pursuant to such notice of default;and,notwithstanding the continuance in possession of �
<br /> the Property or the collection, receipt and application of rents,issues or profits,Trus#ee or Lender shall
<br /> be entitled to exercise every right provided for in the Credit Agreement or the Related DocumeMS or by
<br /> law upon the occurrence of any event of default,including the right to exercise the power of sale;
<br /> (b) Commence an action to foreciose this Deed of Trust as a mortgage,appoint a receiver or specifically
<br /> enforce any of the covenants hereof;and
<br /> fc1 Deliver to Trustee a written dedaration of default and demand for sale and a written notice of defautt
<br /> and election to cause Trustor's interest in the Property to be sold,which notice Trustee shall cause to be
<br /> duly filed far eecord in the appropriate offices of ihe 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 �
<br /> � of a secured parry under tNe Nebraska Uniform Commercial Code.
<br /> . Foreclosure by Power of Sale. If Lender�elects to foredose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and
<br /> such receipts and evidence of expenditures made and secured by this Deed ofi Trust as Trustee may require.
<br /> (a) Upon receipt of such noiice from Lender,Trustee shall cause to be reco�ded,published and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br /> Trustee 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 Sale, either as a whole, or in �
<br /> separate lots or parcels or items asTrustee 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 payabie 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 wfthout 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,T�ustee,or Lender,may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs,fees and expenses of Trustee and 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) aIl sums expendetl under 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 interesY 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 postpone sale of all or any po�rtion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be e�titled to enforce payment and
<br /> performance of any i�debtedness or obligations 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 /> agreeme�t or any� laws now or hereafter in force;�notwithstanding, some or all of such indebtedness and
<br /> obligations secured 6y this Deed of Trust may now or hereafter be otherwise secured,whether�by mortgage,deed �
<br /> of trust,pledge,lien,assignment or otherwise. 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 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 entitletl to
<br /> enforce this �eed of Trust and any other securiiy�now or hereafter hefd 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 /> reseived 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 a�d shall 6e 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 /> Credii Agreement or aoy of the Related Dacuments to Trustee or Lender�or ta�which either of them may be
<br /> otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be
<br /> deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothi��ng in this �
<br /> Deed of Trust shall be construed as prohibiting 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 alone or
<br /> together. If Lender decides to spend money or to perform any of TrusEor's o6ligations under this Deed of Trust,
<br /> afiter Trustor's failure to do.so,that decision by Lende�will nof affect Lender's right to declare Trustor in default
<br /> and to exercise Lender's remedies. .
<br /> Request for Notice. �rusior,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Defauit
<br /> and a copy of any Notice of 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' Faes; 6cpenses. If Lender institutes any suit or action to enfo�rce any of the terms of this Deed of
<br /> Trust,Lender shall be entitled to recover such sum as the court may adjudge reasonable as�attomeys'fees at trial
<br /> and upon any appeal. Whethet or not any court action is involved, and tio the extent not prohibited by�law,all
<br /> reasonable expenses Lender�incurs tbat 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 Inde6tedness payable on demand 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 su6ject to any limits under applicable Iaw,Lender's attomeys'fees
<br /> and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
<br /> bankruptcy proceedings(including efforts to modify�or vacate any aufomatic stay or injunctioN,appeals,and any
<br /> anticipated postjudgment collection Services; the cost of searching records, obtaining title reports (including
<br /> - foreclosure reports),suweyots'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 addition to all other sums 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 /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust: � �
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