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��14�3��9 DEED �F TRUST �Continued� Page 5 Death or lnso�ven�y. The dissolution or terminativn of Barrvwer's ar Trustor's existence as a going husiness, the insol�ency vf Borrvwer or Trustvr, the appointment of a recei�er f�r any part of Borrower's ❑r Trustvr's praperty, any ass�gnment fvr the bene#it vf creditvrs, any type of creditor workaut, vr the commencemsnt ofi any pr�ceeding under any bankruptcy or insat�ency laws by vr against Bvrrawer or Trustor. Creditor or Farf�iture Proceedings. Cvmm�ncem�nt af �nreclvsure vr for�eiture proce�dings, whether by judicial praceeding, seif-he�p, repossession or any other method, by any creditor vf Borrower ❑r Trustor or by any go�ernmenta� agency against any praperty securing the lndebtedness, This includes a garnishm�nt of any af gvrrvwer's vr Trustor�5 accounts, including depasit accounts, with Lender. Howe�er, this E�ent of Defau�t shall not appty if there is a good faith d3spute by Borrower or Trustor as to the �alidity or reasonabieness of the claim which is the basis vf th� creditvr❑r forfeiture pro�eeding and if Bvrraw�r or Trustor gi��s Lender wri#ten notice vf the creditvr vr for�eiture prvicesd�ng and deposits ►rvith Lender monies vr a surety bond for the creditor vr forfeiture pro�eeding, in an amount determined hy Lender, in its s�le discretivn. as �eing an ad�quate reser�e ar bond fvr the dispute. Breach of�ther Agresment, Any breach by Borrvwer or Trustvr under the terms ❑#any other agreement between B�rr�wer or Trustvr and Lender that Es nat �emedi�d within any grace perivd provided therein, including withaut limitation any agreement cvncerning any indebt�dness or other ❑b�igation ❑f 6orrower ar Trustvr to Lend�r, whsther existing now or rater. E�en#s AffeGting Guarantor. Any a� the preceding e�ents v�curs with respect ta any Guarantor ❑f any of the Indebt�dness or any Guarantor dies or b�comes incvmpetent, or re�akes or disputes the �alidity ❑f, nr liability under, any Guaranty of the Endebtedness. Ad�e�se Change. A material ad�erse change occurs in Barrower's or Trustor's financial conditifln, or Lender belie�es the prospe�t of payment vr performance of the Indehtedness is impaired. lnsecurity. Lender in g�od faith belie�es itse�f insecure. RIGHTS AND REIVIEDIES DN DEFAULT. if an E�ent ❑f Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any vne or more of the follvwing rights and remedies; Acceleration Upon Default: Add�t�onal Remedies. If any E�ent of ❑efault occurs as per th� terms of the Note se�ured hereby, Lender may declare a[l Indehtedness s�cured by this ❑eed of Trust to be due and payable and the same shail thereupon �ecome due and payable withvut any presentment, demand, protest ar nvtice❑�any kind. Therea#ter. Lender may: �af Either in person vr by agen�, with ❑r without bringing any activn v� prv�eedin�, or by a recei�er appointad by a court and wi�hout regard tv ths adequacy of its security� enter upon and take possession of the P�operty� or any part there�f� in its ❑wn nams or in the name af Trustee� and do any a�ts which it deems necessary ar d�sirable ta pr�ser�e the �alue, marketab+lity or rentability o#the Property, �r part of the Property a� interest in th� Prap�rty; increase the �ncom� frvm the Prvperty or protect the security of the Property; and, wi�h ar withvut taking possessivn of the Prvperty, sue fvr ar oth�rw�se col�sct the rents, issues and prafits of the Property, inc�uding those past due and unpaid, and apply the same, less costs and expenses ❑f operation and collectivn attorneys' fees, to any indebtedness secured hy this Deed of Trust, all in such order as Lender may de#ermine. The entering upon and taking pvss�ssion of the Pr�perty, the collectian of such rents, issues and profits, and the application thereaf sha�� not cure ar wai�e any default nr n�tice ❑f default under this Deed of Trust or �n�alidate any act done in response to su�h default or pursuant ta such notice v�default; and, notwithstanding the continuance in possession❑t the Property vr the collec�ion, r�ceipt and appiication of rents, issues or profi�s, Trustee vr Lend�r shal# �e entitled to exercise e�ery right pro�ided for in the Note vr the ReEated ❑ocuments vr by �aw upon the v�currence af any��nt of default, �nciuding th� right to ex�rcise the pow�r of sale; �by Commence an action to fvre�lvse this Deed of Trust as a mortgage, appoint a recei�er or speci�ically enforce any❑f the co�enants h�reo#; and tcy Deli�er to Trustee a written d�c{aration of de�auit and demand #vr sale and a wr�tten notice of default and electian#o cause Trustor's inte�sst in the Praperty tv be so�d, which nvtice Trustee shal� cause ta be duly filed for re�ord in th�appropriate vffices❑f the County in which the Property is Ivcated; and �d� With respec#tv a�� vr any part of the PersvnaE Property, Lender shafl ha�e all the rights and remedies of a secured party under the N�braska lJniform CammerciaE �ode. Fo�eclosure hy Powsr vf Sale. If Lender elects ta foreclose hy exercise o�the Power vf 5ale herein �vn�a�ned, L�nder shall nvtEfy Trustee and shall depvsit with Trustee this Ds�d of Trust and the Note and such receipts and e�idence ❑f expenditures made and secured by this Desd of Trust as Trustee may require. ta� �pvn receipt vf su�h nvtice from Lender, Trustee shail cause to b� recorded, published and de�i�ered ta Trustor such Natice of Default and Nvtice ❑f Sale as #hen required by iaw and by this ❑eed vf Trust. Trustee shall, w�thout demand on Trustor. after such tim� as may then b� required hy law and after recordatian �f such Notice �f ❑efault and after Natice of Sale ha�ing been gi�en as required �y law, sell the Prvpe�ty at the time and piace of sa�e fixed by it in su�h Notice of Sale, either as a who�e, or in separate lvts or parcels vr it�ms as Trustee sha�l deem exp�dient, and �n such order as it may determine, at public au�tian to the highest bidder for cash in �awful mvney of the lJnited 5tates payab�� at the time ❑f sale. Trustee shaif deli�er ta such purchaser ar purchasers thereof its good and sufficient deed vr deeds con�eying the prvperty so sold. but without any cv�enant ar warranty. express vr impli�d. The recitals in such deed vf any mat#ers vr fac�s sha�l be cvnclusi�e provf of the truthfulness thereof. Any person, including withvut limitation Trustor, Trustee, vr Lend�r, may purchase at such sale. �b� As may be permitted by iaw, afte� deducting all C05�5, fees and exp�ns�s of Trustes and �f this Trust. includ�ng cvsts vf e�idence v�title in �vnnection with sale,Trustee shall apply the pr��eeds of sa[e to payment of {i} all sums expended under the te�ms ❑f this Deed vf Trust❑r under the t�rms of the Note nat then repaid, including but nvt limited to accrued inter�st and late charg�s, �ii� a!! �th�r sums then sscured hereby, and �iii� the remainder, if any, to the persvn❑r persons legally entitled ther�t�. �c} Trustee may in the manner pro�ided by law pvstp�ne sale of all or any pvrtivn vf the Prvperty. , Remedies Nat Exclusi�e. Trustee and Lender, and each vf them, shai� be entitied to en�orce payment and performance flf any indebtedness vr❑bligations secured by this Deed�f Trust and to exercise a�� rights and powers under this Deed of Trust, under the Note, unde� any of the R�lated Documents, or under any other agre�ment vr any laws nvw or hereaf�er �n farce; nvtrrvithstanding, svme or all of such indebtedness and obfigatians secured hy #his Desd ❑# Trust may nvw or hereafter be otherw�se secured, whether by mortgage. deed ❑f trust, pledge, lien, assignment or ❑therw�se. Neither the acceptance of this ❑��d af Trust nor its enfvrcement. whether by court action vr pursuant t❑ the power a� saie �r ather powers contained �n this C�eed of Trust, shall prejudice or in any manner affect Trus#ee's or Lender's right to rsa�ize upon ❑r enfarce any other security naw ar hereafter held by Trustee vr Lend�r, it being agreed that Trustee and Lend�r, and �ach of them. shall be entit[ed t❑enforce this ❑��d ❑# Trust and any vther security now vr hereafter held by Lender vr Trustee in such ❑rder and manner as they or either �f them may �n their absolute discretion determine. No remedy conferred upan or reser�ed tv Trustee vr Lender, is intended to be exclusi�e of any other remedy �n this Deed of Trust ❑r by iaw prv�ided ar permitted, but