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Loan No: 101245993
<br />DEED OF TRUST
<br />(Continued) 2 0110 81 S C Page 4
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, 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 as Trustee shall deem expedient, and in such order as it may determine,
<br />at public auction to the highest bidder for cesh in lawful money of the United Stetes payable at the time
<br />of sale. Trustee shall deliver to 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 eny 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 />ib) As may be permitted by law, after deducting all costs, fees end expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustea shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the
<br />Credit Agreement not then repaid, (ncluding but not limited to accrued interest end late charges, pi) all
<br />other sums then secured heraby, and (iii) the remainder, if eny, 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 portion of the Property.
<br />Remedies Not F�cclusive. Trustee and Lender, and each of them, shall be antitled to enforce payment and
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br />under this Deed of Trust, under the Credit Agreemant, 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 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 entitled ta
<br />enforce this Deed of Trust and eny other security now or hereafter held by Lender or Trustee (n 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 cumuletive 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 7rustee or Lender or to 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. Nothing in this
<br />Deed of Trust shall be construed as prohibiting Lender from seeking e deficiency judgment against the Trustor to
<br />the extent such action ts 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 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 eny Notice of Default
<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 />peragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or ection to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum es the court may adjudge raesonable 8s attorneys' fees at trial
<br />and upon any appeal. Whather or not eny court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion ere necessary et eny 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 the date of the expenditure until repaid. Expenses covered by this
<br />paragraph include, without limitation, however subject to any Iimits under eppliceble law, Lender's attorneys' fees
<br />and Lender's legel expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
<br />benkruptcy proceedings Uncluding 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 title reports (including
<br />foreclosure reportsl, surveyors' reports, and appraisai fees, title insurence, and fees for the Trustee, to the extent
<br />permitted by applicable law. Trustor also will pay any court costs, in addition to ail other sums provided by lew.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ara 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 federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. Tltis
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
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