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2� 17�2392 � , aEED �F TRUST �Cantinued� Page 5 Faise Staternents. Any warranty, r�presentation or sta#ernent made ar furnished t❑ Lender by Trustor or on Trustar's behalf under this Deed❑f Trust or the Related ❑�cumsnts is fialse or misleading in any materia# respect, either naw or at the tirne made or furnished or he�omes false or misleading at any time thereafiter. Defective Callatereliia�tion. This ❑eed of Trust or any vf the Related ❑ocuments ceases t❑ be in fiull force and effect tincluding failure af any collateral dacurnent to create a �alid and perfected secur�ty interest❑r lienf at any time and for any reason. Death ar lnsol�ency. The death of Trustor, the insol�sn�y vf Trustor,the appvintment ofi a r�ceiver fiar any part o� Trus#vr's prvperty, any assignment for the benefit vf creditors, any type ❑f creditor workout, ar the commen�ement of any proceeding under any bankruptcy or insol�ency laws by or against Trustor. Creditor or Fvr�ei#ure Prviceedings. Cammencernent of foreclosure or forfieiture proceedings, whether by judi�ial proceeding, self-help, repossession or any other methvd, by any creditvr of Trustvr or hy any gv�ernmental agency against any property securing the Inde�t�dness. This includes a garnishment ❑f any af Trust�r's accounts, including depvsit a��ounts, with Lend�r. Howe�er, this E�ent of Defau�t shall nvt apply if there is a gaod faith dispute by Trustar as to the �alidity or reasanab�eness of the clairn whi�h is the basis of the creditar vr fvrfe+ture pro�eeding and i# Trustor gi��s Lender written nvtice of �he creditor or fnrfeiture pr�ceeding and depasits with Lender mvnies or a surety bvnd for the creditor vr forfeiture proce�ding, in an amount det�rmined by Lender, in its sole d�scretion,as being an adequate reser�e❑r bvnd for the dispute. Breach of ather A�rssment. Any breach by Trustvr under the terms vf any other agreement between Trustar and Lend�r that is nat remedied within any gra�e periad pro�ided therein, including withaut limitatian any agreernent cancerning any indebtedness vr other obligation vf Trustor ta Lender, whether ex+sting now or later. E�ents Affecting Guarantor. Any of the pre�eding e�ents occurs with respect ta any guarantor, endorser, surety, or accornmodation pa�ty ❑f any of the Indebtedness or any guarantor, endarser, surety, or accommodation party dies ar �ecomes �ncornpetent, ❑r re�vk�s or disputes the �alidity of, or I�abilit� under, any G uaranty of the Indebtedness. Ad�erse Chenge. A material aduerse �hange �ccurs in Trustar's financial canditian, or Lender helie�es the prospect vf payment ar perfarmanc�vf the Indehtedness is impaired. insecurity. Lender in gaod faith belie�res itself insecure. Ri�ht tv Gure. If any default,�iher than a defauli in payment, is curable and if Trustor has not heen gi�en a notice vf a brea�h❑fi the same pro�ision of this Deed of Trust within the pre�eding twel�e�12f months, it may be cured i# Trustor, after Lender s�nds w�+tten notice to Trustor demanding cure�f su�h default: {1) cur�s the default within twenty t�Df days; vr �2f if the cure requires more #han #wenty t24� days, immediately initiates stepS which Lender deems in Lender's sole discretion tv be sufficient ta �ure ihe default and thereafter continues and completes af�reesvnable and necessary steps sufficient to produce Compliance as soan as reasanab�y practical. RIGHTS ANO REIIAEDIES DN DEFAULT. I#an E�ent of❑efault occurs under this Deed of Trust. at any time thereafter� Trustee or Lender may ex�rcise any one or mare of the following rights and remedies: Acceleration Upvn Default;Addrtivn�l Remediss. �f any E�ent o#❑efault vccurs as per the terms vf the Note s�cured here�ay, Lender rnay declare all�ndebtedness secured by this Deed of Trust to be due and payable and ihe same shali thereupon became due and payable withaut any presentment, dernand or prot�st of any kind. Thereafter, Lender may: �ay Either in person or by agent, with or without hringing any activn or pro�eeding, or by a recei�er appvinted by a evurt and withvut regard to the adequa�y of its security, enter upon and take possession � E vf the Praperty. or any part therevf, in its own name ar in the name o#Trustee, and do any a�ts which it � deems necessary or desira�le tv preser�e the�alue, marke#ability vr renta�ilit�af th� Prvps�ty,❑r part of ; the Property ar interest in the Property; incrsase the in�vme fram the Praperty or protect the se�urity of the Praperty; and, with �r without taking p�ssession vf the Property, sue f�r vr ❑therwise cvllect �he rents, issues and profits of the Property. including those past due and unpaid, and apply#he same, less F � cvsts and expenses of operation and collecti�n attarneys' �ees,ta any indel�tedness se�ured by this Deed � of Trust, all in such order es Lendsr may determine. The entering upon and taking pnssession of the � Property, the co�lectian of su�h rents, issu�s and profits, and the application thereaf shall nat cure or t � wai�e any default or notace o#de#sult under this Deed vf Trust vr in�a�ida�e any act done in respanse to such default or pursuant to such noti�e❑f default; and, nvtwithstanding the continuance in possession of the Property or the collecti�n, receipt and appiication of rents, 155uL'5 Dr p�DfltS, Trustee or Lender shafl be eniitled to exercise e��ry right provided for in the Nvte or the Related ❑vcuments or�y law upan the v��urren�e of any e►►ent Q�defauft, including the right tv exer�ise the power❑f sale; �by �vmmence an action t�foreclos�this Deed❑f Trust as a mvrtgage, appoint a recei�er vr sp�ci#ically enfarce any vf the c��enan#s herevf; and . �cf Deli�er tv Truste�a written declaration❑f default and demand f�r sale and a written notice of default and ele�tion t❑cause Trustar's interest in the Property tv be sold, which n�tice Trustee shall cause to be duly filed far recvrd in the appropriate offices vf the County in which the Property is Iocated;and ; �df With respect to afl or any part❑f the Persanat Property, Lender sha��ha�e ali the rights and remedies � of a secur�d party under the Nebraska Unifvfm Cammercial Cvde. : Farec�osure by Power a#Sa�e. �f Lender elects t❑fareclase by�xercise ofi the Power of 5ale he�ein contained, � Lender shall natify Trustee and shall depasit with Trustee this Deed of Trust and the Nate and such rec�ipts and e�idence of expen�itures made and secured by this Deed of Trust as Truste�rnay require. �ay Upvn re�eipt of such n�tice from Lender,Trustes shall cause to�e re�arded. pu�lished and deli�ered tv Trustor such NatiGe af ❑efault and Noti�e ofi 5ale as then requ�red by law and hy this !]eed ❑f Trust. Trustee shell, withaut dernand an Trustor, after such time as may then be required hy �aw and after recordation o�such Notice of❑e�ault and after Natice of Saie ha�ing been gi�en as required by law� sell the Proper#y at the time and place o� sale fixed by it in such Notice �f Sale, �ither as a whvle, or in separate lots ar parcels or items as Trustee shatl deem expedient, and in such order as it rnay deterrn}ne, at pubiic auG#ian ta the highest bidd�r for cash in lawful maney of the United 5tates paYable at the#ime of sale. Trustee shell deli�er tv su�h purchaser or purchasers therevf its govd and suf#icient deed or deeds cvn�eying the property so svld. but without any �v�enant vr warranty, express or implied. The . recitals in such deed of any matters or facts shall be con�lusi�e proof of the truthfutness �hereof. Any pers�n, in�fuding withou#limitation Trustor,Trus�ee,ar Lender, may purchase at such sale. �bf As may he permitted by law, after deducting all costs, fees and expenses of Trus�ee and of this Trust. includiny costs of e�idence vf title in connectian with sale,T�ustee shell apply#he proceeds a#sais to payment of tif all sums expended under the terms of th�s Deed of Trust ar under the terms of the Note nvt then repaid, including hut not �imited tv accrued int�rest and late �harges, �iif all other sums then secured hereby, and �ii��the remainder, i�any,to the persvn�r persvns legally entitled�here�a. �c� Trustee may in the manner provided by�aw pvstpvne sale v�all vr any portian of the Property. 1