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2� 17�2391 � , DEED �F TRUST ��ontinued� Page 5 lndebtedness or Bvrrower's vr Grantor's ahility to perform th�ir respscti�e ob#igations under this ❑eed of Trust❑r any ot the Rela�ed Qocuments. False Statements. Any warranty, representation o�statement made ar furnished ta Lender by Bvrrower or Trustor or on Bvrrower's ❑r T�ustor`5 behalf under th�s Deed of Trust vr the Re�ated Documents is false �r misleading in any material respect, either now vr at the time made ar furnished or becomes false or misieading at any time thereafte�. Defg�ti�e Cvllat�raiiZa#ian. This Deed �f Trust or any af the Relat�d ❑vcuments ceases ta �e in fuif fnrce and effe�t �including failure of any collateral dvcument to create a �alid and perfected security interest or �ienf at any time and for any re�s�n. Insolvency. The dissvluti�n or#ermination of Bvrrower's❑r Trustor's exist�nce as a going business, the insol�ency of Bvrrowe� ar Trust�r, the appointment vf a recei�er for any part of Bvrrower's vr Trustvr's prvperty, any assignment fvr the henefit ❑f creditors, any type of credi�vr warknut, or the �ommen�ement of any prviceeding und�r any bankruptcy or insol�ency laws by or against Bvrrower or Trustar. Credit�r vr Forfeiture Pro�eedings. Commencement af fareGlosure or fvrfsiture proc�edings. whether by judicial praceed�ng, self-help, repossession ar any ather methad, by any cred'+tor �f Barrower vr Trustor �r by any go�ernmental agency against any praperty securing the lndebtedness. This inc�udes a garnishment of any af Bvrrawer's vr Trustor'S accflunts, including deposit a�cvunts, with Lender. Howe�er, this Euent of Default shalf not apply if there is a goad faith dispute by Bvrrower or Trustor as t� the �alidity ar r�asvnableness o# the claim which is the basis o#the creditvr ar�vrfeiture proceeding and if Borrower vr Trustar gi�es Lender written nvti��vf the creditar o�farfeiture proceeding and deposits wit� Lender mvnies ar a surety �and for the creditor vr farfeiture proceeding, in an amount determined �y L�nder, in its sale discretian, as beiny an adequate reserve ar bond for the dispute. Breach of�ther Agreement. Any breach by Bvrrower or Trustor under the terms vf any other agreement between Sarrower or Trustor and Lend�r that is not remedied within any grace period pro�ided th�rein, including without limitatian any agreement concerning any indehtedness or other nbligation of Bvrrvwer or Trustar ta Lender, whether existing now vr later. E►rents Affecting Guarantor. Any af the preceding eUents ocGu�s with respect tv any g�arantor, endarser� surety, or accommadation party vf any o� the I ndebtedness vr any guarantvr, endvrser, surety, or accommodation party dies vr becvmes incompetent, or re�okes or disputes the �alidi#y of, or liahility under, any Guaranty vf the Indebtedn�ss. Ad�erse ChangB. A material adverse change ❑ccurs in B�rrower's or Trustvr's financia� condition, or Lender belie�es the prvspect af payment or perfarmance of the Indebtedn�ss�s impaired. � Insecuri#y. Lender in gvod faith belie�es its�!#inse�ure. - R�ght to Cure. If any default, vther than a default in payment, is curable and if Trustor has not been giv�n a natice o#a breach of the same pro�isitin of this❑eed of Trust within the pre�eding twel�e �12� months, it may he cured if Trustor, after Lender sen�s written notice to Borrvw�r demandin� eure ot such detaul#: t�� cures the detault within twenty ��]�days;or ��y if the cure requires more than twenty �20y days, �mm�diat��y initiates steps which Lender deems in Lender's so�e dis�retion #v be suffi�ient tv cure the default and thereafter continues and �ompletes all r�asonabte and necessary steps suffici�nt to produce�omp�iance as soan as reasanahly practica�. RI�HTS AND HEIIAEDIES �N flEFAULT. If an Event vf ❑efault o��urs under this ❑eed of Trust, at any#ime thereafter, Trustee or Lend�r may exercise any one�r more of th� following rights and rernedies: Ac�eleration upvn Def�ul�; Additional Remedies. If any E�ent�f De#ault occurs as p�r the terms of the IV�te secured hereby, Lender rr�ay declare al!Indebtedness secured by this Deed of Trus#to be due and payat�le and the same shall thereupvn be�ome due and payable without any presentment, demand or protest of any kind. Th�reafter, Lender may: tay Either in persan or hy agent, with ❑r wi#hvut bringing any action or prviceeding, or by a recei�er appoint�d hy a court and without regard tv the adequa�y ❑f its security, enter upan and take passessivn of the Properiy, or any part thereof, in its Qwn name vr in the name vf T�ustee, and da any acts which it deems necessary ar desirable to preser�e the�alue, marketability or rentability of the Property, ❑r part❑f the Praperty vr inter�st in the Praperty; �ncrease the income f�vm the Proper�y ❑r protec#the security a� the Property; and, with ar withou� taking passessian of the Praperty, sue far ar otherwise �oll�ct the r�nts, issues and pro�its af the Prvperty, including those past due and unpaid, and app�y the sarne, less �osts and expenses of vp�ration and collectian a##�rneys' fees,t�any indehtedness secured by this D�ed af Trust, all in su�h order as Lender may determine. The entering upan and taking p�ssessian of the Property, the �ollectian vf su�h rents, issues and prvfiis, and the app�i�atian �herevf sha�! nvt cure or wai�e any defaul#or natice of defau�t under this Deed of Trust or in�alidate any act dvne in respanse to such default or pursuant ta such not�ce of default; and, notwithstanding the continuance in passession of the Property or th� collection, r�ceip� and application of rents� issues or profits, Trustee ar Lender shali ; be entitled to exercise e�ery right Rro�ided tor in the Na�e or the Relaxed Documents or by law upon the � o�currence of any e�ent of de�ault, including the right to exercise the p�wer of sale: �by Cvmmence an actian tv foreclase this❑eed ❑f Trust as a mortgage, appaint a recei�er or specifi�aliy enfarce any of the cQ�enants hereaf; and �c� Deli�er to Trustee a written declaration vf defiault and demand for sale and a written noti�e of default end electivn to cause Trustor's interest in the Property to be sold, whi�h nvtice Trustee shall cause#o he duly filed fo�re�ord in the appropriate ofifices vf the County in whi�h the Prvperty is located; and �d� With�espect to a�l or any part vf the Personai Property, Lender shall ha�e ati the rights and remedies � vf a secured pa�ty under�he Nebraska Uniform�vmmer�ia!Cad�. Faraclasura by Pawer ot Sale. !f Lender e�ects to f�reclose t�y exereise ot the Power ot 5ale herein contained, Lender shall not�fy Trustee and shall deposit wEth Trustee this ❑eed of Trust and the Nate and such rec�ipts and e�idence v#expenditures made and secured hy this Deed of TruSt�s Trustee may require. �ay Upvn�ee��pt of such natic�fram Lender, Trustee shall cause to be recorded, pu�lished and deli�ered � tv Trustvr such Nvtice vf Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, with�ut demand on Trustvr, atie� such time as may th�n be required hy law and atter recordation vf such Noti�e of Default and a#ter Nvtice of 5ale ha�ing been gi�en as requ�r�d by law, sell the Prvperty at the time and p�ace o� sale fixed by it in such Nvtice of Sa�e, either as a whvle, ❑r in separate�ots or parcels ❑r items as T�ustee�hall deem expedient, and�n such order as it may determine, a� publi� au�tivn ta the highest bidder�vr cash in lawful money of the LJnited 5tates payable at the time �. of sale. Trustee shall del��er to such purchaser or pur�hasers therevf i�s good and sufficient deed �r �eeds con�eying the prvperty �o sold, but withvut any co�enant or warranty, express or implied. The ' recitals En su�h deed vf an}� matters ar fac�s shall be cvnclusi�e p�oa#of the truthfulness thereof. Any pe�svn,including without limitation Trustor, Trustee, �r Lender, may purchase at su�h sale. ' tb� As may he permitted by law, after deducting al� costs, fees and expenses o# Trustee and of this ` � � � � � � i : E � � � F E` k