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201108154
<br /> DEED OF TRUST
<br /> Loan fHo:87205$393 lCOntinUed} Page 5
<br /> appointed by a court and tivithout regard Yo the adequacy of i;s security,enter upon and#ake possession
<br /> of the Property,or any part thereof,in its oNm name or in the name of 7rusiee,and do any aczs which it
<br /> deems necessary or desirable to preser�e the value,marketabfllty or rentahiliEy of the Properry,or part of
<br /> the Property or interest in the Property;increase t�s income irom the I'roperty os protect the security of
<br /> the Proper[y; and, r�lth or uvlthout taking possession of the Property, sue for or othervaise co[lea the
<br /> rents,issues and profits of the Property,including those past due and unpaid,and apply the same, [ess
<br /> costs and expenses of operation and collection attorneys'fees,to any indebtadness secured by this Deed
<br /> of Trusf, all in such order as Lender rnay determine. The entering upon and taking possession oi the
<br /> Property, the collection of such rents, issues and profits, and the application ihereof shall nat cure or
<br /> v✓aive any default or notice oi default under this Deed of Trast or invalidate any act done in response Yo
<br /> such defauft or pursuant to such notice of default;and,notwithstanding the corrtinuance in possession of
<br /> the Property or the collection,receipY and application of rents,lssues or profits,Trustee or Lender shall
<br /> 6e envtled to exercise every right provided for in the Credit Agreement or the Related Documents or by
<br /> law upon the occurrence of any event of defauit,including the figh�to exerclse the power of sale;
<br /> (b1 Commence an action to foreclase this Deed of Trust as a mortgage,appoint a receiver or specifically
<br /> enforce any of the covenants hereof;and
<br /> �c) �eli�er to Trustee a writtan declaration of default and demand for sale and a written notice of default
<br /> and elecvon to cause Trustor's interestin the Properry to be sald,which no:ice Trustee shall ca�se to be
<br /> duly filed for rscord in the appropriate offices of the County in which the Property'ss located;and
<br /> (d) With respect to all or any part of the Personal Praperty,Lender shall have all the rights and remedies
<br /> of a seCUred party under the Ne6raska Uniform Commercial Code.
<br /> Foraclosure hy Power af Sale. If Lender elects xo foreclose by exercise of the Po�ver a�Sale herein contained,
<br /> Lender shafl notify Trustee and shafl d0po9it with Truseee this �eed of Trust and the CrediY Agreement and
<br /> such receipts and evidence of expenditures made and secured 6y this Deed of Trust as Trustee may require. �
<br /> fa} llpon receipt of such notice from Leoder,TrusYee shall ceuse to be recorded,pu6lished and delivered
<br /> to Tru6tor such NoYice of Default and Notica of Sale as then required 6y law and by ihis Deed of Trust.
<br /> Trustee shalE, without demand on Trustor, after such time es may then 6e required by lew end aftar
<br /> � rgCOrdation of such Notice of Default and after Notice of Sale ha�ing been given as required by law,sefl
<br /> the Pro�eriy 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 parcals or items as Trustee shall deem exaedieni,and in such order as ii may determine,
<br /> at public auction to the highest E�idder for cash in lawful money of the United States payahle at the time
<br /> . Of sale. Trustee shall deliver 2o such purchaser or purc�asers thereof its good and sufficient deed or
<br /> deeds conveying the property so so[d, but 4vithvut any covenant or warranty,express or implied. The
<br /> recitals in such deed of any mafters orfacts shall be conclusive proof of the truthfulness thereo{. Any
<br /> person,induding without limitation 7rustor,Trustea,or Lendar,may purchase at sucB sala.
<br /> Ibl As may be permitted by law, afte:deducting al1 costs,fees and expenses oY Trustee and of this
<br /> Trust,including cosYS of evidence of tftle in connection evith sale,Trustee shall apply�he proceeds of sale
<br /> to payment of fi) afl sums expended under the terms of this Deed of Trust or under the.erms of the
<br /> Credii AgreemenY not then repaid,including but nvt limited to accruad interest and late charges, (ii) all
<br /> othsr sums then secured hereby,and fiiil the remainder,if any,to the person or persans legally entitled
<br /> thereto.
<br /> (c) Trustee may in the manner proaided 6y la�v postpone sale of all or any portion ofi the Property.
<br /> Remedies Not 6cclusive. Trustee and Lender, and each of zhern, shalf 6e entRl�d to enforce payment and
<br /> performance of any indebtedness or obligations secured by this deed ef Trust and to exercise all�ghis and poviers
<br /> under this Deed of Trust, under tne Credit Agreement, under any of the Related Documents,or under any other
<br /> agreement or any laws now or hereafer in force; noYwithstand€ng, some or alE of such indeh2edness and
<br /> obligations secured by thls Deed of Trust may now or hereafter be otherwise secured,whethsr by rnortgage,dsed
<br /> of trust;pledge,lien,assignment or otherwise. Nekher the acceptance of this�eed of Trust nor its enforcement,
<br /> whether by court actlon er pursuant to the power of sale or other powers conYained in this Daad of Trust,shall
<br /> prejudice or in any manner affeci Trustee's or Lender'S right to realize upon or enforce any other security novu 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 Trust end any other security now or hereafier held by Lender or Trustee in such order and
<br /> manner as they or either of therr� may in their absolute disaretion determine. No remedy conferred upon or
<br /> reserved to Trustse or Lender, is intended to be exclusive of any other r�medy in this Deed of Trust vr by law
<br /> prvvided or permitted, but each shafl be cumulative and shall be in addition to every other remedy givert in this
<br /> Deed of Trust or nov+or hereafter existing aY law or in equity or by sEatute. Every power or remedy given by the
<br /> CredR Agreemsnt or any o�the Related Documents to Trustee or Lender or to which either of them may be
<br /> otherwise entitled, may he axercised, concurrently or Independently,from time to time and as often as may be
<br /> deemed expedient by Trust�ee or Lender, and either of tBem may pursue inconsisfent remedies. 3Vothing in this
<br /> Deed nf T:ust shall be construcrt as prohibiting Lender from seeking a deficiency judgment against tBe Trustor to
<br /> the extent such action is permitted by law.
<br /> Election of Remedies. All nf Lender's rights and remedies will 6e cumulative and may be exercised elone ❑r
<br /> iogethe:. If Lender decides to spend money or m perform any of Trustor's obligations under tE�is Deed of Trust,
<br /> after Trustnr`s:ailura#n dn sn,that decision hy Lender will not affect Lender's right to declare Trustor in default
<br /> and to axercise Lender's remedies.
<br /> Request for Notfce. Trustnr,nn hehalf nf Trustor and Lender,hereby requesis Thai a copy af any Notice of De'fault
<br /> and a copy oF arry Notice o�f Sale under this Deed of Trus.be mailad to them at tF�e addresses set forth in the first
<br /> paragraph of this 7eed af Trua7.
<br /> Attorneys' Pees, Expenses. If Lender insLilules any suit or action to enforce any of the terms ot this Ueed of
<br /> Trust, Lender sha�l be enEitled to reoovar such Gum es rhe cnurt may adjudgc reasonablc as attorneys'fees at trial
<br /> and upon any appeal. Whaiher or not any court action is involved, and to the exteni not prohib[ted by law, all
<br /> reasonable expenses I_ender fnr,urs that in Lender's opinion arc ncccssary at any time for the protectton of Pts
<br /> inxerest or tha enforcemeM of its rights shall becorne a part of the Inde6tedness paya6le on demand and shall bear
<br /> interest at the Credit Agreeme.nt rate frnm the date of ihe expenditure until repaid. Expenses covered by Yhis
<br /> paragraph include,without limitation, however subject to any IimiES under applicable law,Lender's attorneys'fees
<br /> and Lender's legal expenses, wnether or noi ihere is a lawsuii, including attorneys' tees and expenses for
<br /> bankrupicy proceedings(inc[uding efforts to modi,'y or vacate any automaiic sfay o�injunctionl,appeals,and any
<br /> ant[cipated post-judgment collection services, Che cost of searehing reeords, obtaining tixle reports lincl�ding
<br /> ;oreclosure reportsl,surveyors'reports,and ap�rAisal fees,rirle insurance,and facs for thc Trvstce,to the extent
<br /> permitted by aPplicable lav✓. 7rus�or a]so wiEl pay any court costs,in addition to all other sums provided by Eaw.
<br /> Rights of 7rustee. Trustee shall have all of the rights and duties of Lender as set forth in this scction.
<br /> POWERS AND OBLlGATI61�iS OP TRUSTEE. The folfowing provisinns relating to the powers and obligations of Trustee
<br /> are par of this�eed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter nf[aw.Trustec shall havc thc power to
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