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<br /> 15. Financia/Covenants. In addition to any other financia/covenants of Trustor made in any other agreement, instrument or document, Trustor shall °� t
<br /> comp/y with and shall cause any and al/guarantors of the lndebtedness secured hereby to comp/y with, or be in compliance with, the fol/owing ��,3F,
<br /> financia/covenants:(This paragraph shall not app/y if covenants and requirements are not set forth herein.) �!
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<br /> 16. Schedule o/Leases. Within ten(10)days after demand, Tiustor sha/l furnish to Beneficiary a schedule, certified to by Trustoi setting forth a/l/eases�
<br /> of the Trust Property, or any portion thereof,including in each case, the name of the tenants or occupants, a description of the space occupied by�
<br /> such tenant or occupant, the rental payable for such space, and such other information and documents with respect to such/eases and tenancies �p
<br /> as Beneficiary may reasonably request. F .
<br /> 17. Covenants of Trustor with Respect to Leases. Wiihout the prior written consent of Beneficiary, Trustor shall not, direct/y or indirectly, with respect to M
<br /> any/ease of space in the Trust Properry, or any portion thereof, whether such lease is now or hereafter in existence. �
<br /> (a) Accept or permit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br /> (b) Cancel or terminate the same, or accept any cancellation, termination or surrender thereof,or permit any event to occur which wou/d occur
<br /> thereunder to terminate or cancel the same, other than termination for nonpayment of rent,
<br /> (c) Amend or modify the same so as to reduce the term thereof, the renta/payable thereunder, or to change any renewa/provisions therein
<br /> contained,
<br /> (d) Waive any defau/t thereunder or b�each thereof,
<br /> (e) Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a/essee thereunder, which wou/d have
<br /> the effect of impairing the value of the/essor's interest thereunder or the property subject thereto, or of impairing the position of interest of
<br /> Beneficiary therein, o�
<br /> (f) Sell, assign,pledge, mortgage or otherwise dispose of, or encumber its interest in any said/ease or any rents, issues,profits issuing or arising
<br /> thereunder.
<br /> 18. Waiver of Statute of Limitations. Time is of the essence in all of Tiustor's obligations and duties hereunder, and to the extent permitted by law, Trustor
<br /> waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and any action or proceeding for
<br /> the purpose of enforcing this Deed of Tiust or any rights or remedies contained herein.
<br /> 19. Assignment of Deposits. ln the event construction of improvements is contemp/ated by the/oan evidenced by the Note secured hereby, as additional
<br /> securiry therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and a//monies deposited by or on beha/f of
<br /> Trustor with any city, county,public body or agency, sanitary district, utility company, and any other body or agency, for the installation or to secure
<br /> the instal/ation of any utility by Trustor,pertaining to the Trust Property.
<br /> 20. Corporafion or Partnership Existence. If Trustor is a corporation,genera/partnership, or limited partnership,it will do all things necessary to preserve its
<br /> corporate or partnership existence, as the case may be, and all rights and privileges under the/aws of the state of its incorporation or organization.
<br /> 21. Forbearance by Beneficiary Not a Waiver.Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by
<br /> applicable law, sha/l not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes
<br /> or the discharge of liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to acce/erate the maturity of the Indebtedness.
<br /> 22. Remedies Cumulative.All remedies provided in this Deed of Trust are distinct and cumu/ative to any other right or remedy under this Deed of Trust
<br /> or afforded by law or equiry, and may be exercised concunently, independent/y or successive/y.
<br /> 23 Successors and Assigns Bound;Joint and Severa/Liability;Captions. The covenants and agreements herein coniained shall bind, and the rights
<br /> hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor.All covenanis and agreements of Trustor shall
<br /> be joint and severaL The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret
<br /> or define the provisions hereo%
<br /> 24. Notice. Except for any notice required under applicab/e/aw to be given in another manner, (a)any notice to Tiustor provided for in this Deed of Trust
<br /> shal/be given by mailing such notice by certified mail, return receipt requested addressed to Trustor at its mailing address set forth above or at such
<br /> other address as Trustor may designate by notice to Beneficiary as provided herein, and(b)any notice to Beneficiary or Trustee sha//be given by
<br /> certified mail, return receipt requested, to Beneficiary s and Trustee's mailing address stated herein or to such other address as Beneficiary or
<br /> Trustee may designate by notice to Trustor as provided herein.Any notice provided for in this Deed of Tiust shall be deemed to have been given to
<br /> Trustor, Beneficiary or Trustee when given in the manner designated herein.
<br /> 25. Governing Law;Severability. This Deed of Trust shall be governed by the/aws of ihe State of Nebraska. ln the event any provision or c/ause of this
<br /> Deed of Trust conflicts with applicab/e/aw, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the
<br /> conflicting provisions and to this end the provisions of this Deed of Tiust are dec/ared to be severab/e.
<br /> 26. Events of Defau/t. Each of the fol/owing occurrences shall constitute an event of default hereunder, (hereinaRer called an "Event of Defau/t'):
<br /> (a) Trustor shall fail to pay when due any principal,interest, or principa/and interest on the Indebtedness,
<br /> (b) Any warranty of tit/e made by Trustor herein shall be untrue,
<br /> (c) Trustor shall fail to observe or perform any of the covenants, agreements, or conditions in this Deed of Trust,
<br /> (d) Any rep�sentation or warranry made by Trustor on any financia/statements or reports submitted to Beneficiary by or on beha/f of Trustor shall
<br /> prove fa/se or materially mis/eading,
<br /> (e) Trustor shall fail to periorm or observe any of the covenants, conditions or agreements contained in, or binding upon Trustor under any building
<br /> loan agreement, security agreement, loan agreement, financing statement, or any other agreement,instrument or document executed by Trustor
<br /> in connection with the/oan evidenced by the Note,
<br /> (� A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed, or arry of the creditors of Trustor shall file a petition in
<br /> bankruptcy against Trustor, or for the reorganization of Trustor pursuant to the Federa/Bankruptcy Code, or any similar law, whether federa/or state,
<br /> and if such order or petition shall not be discharged or dismissed within thirty(30)days after the date on which such order or petition was filed,
<br /> (g) Trustor shall file a petition pursuant to the Federa/Bankruptcy Code or any similar/aw, federa/or state, or if Trustor shall be adjudged a
<br /> bankrupt, or be dec/ared inso/vent, or shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts
<br /> as they become due, or shall consent to the appointment of a receiver of all or any part of the Trust Properry,
<br /> (h) Fina/judgment for the payment of money shall be rendered against Trustor and Trustor shall not discharge the same, or cause it to be
<br /> discharged, within thirty(30)days after the entry ihereof, or shall not appea/therefrom or from the order, decree or p�ocess upon which or
<br /> pursuant to which said judgment was granted, based, or entered, and secure a siay of execution pending such appeal,
<br /> (i) Trustor shall se//or convey the Trust Propert}; or any part thereof, or any interest therein, or shall be divested ol its tit/e, or any interest therein, in
<br /> any manne�or way, whether vo/untarily or invo/untarily, without the written consent of Beneficiary being first had and obtained, or
<br /> �) If Trustor is a corporation or partnership and more than fifty percent(50%)of the shares or beneficial interests in such corporation or
<br /> partnership, as the case may be, sha/I be transferred or conveyed, whether vo/uniari/y or invo/untari/y, without the written consent of Beneficiary
<br /> being first had and obtained.
<br /> 27. Acce/eration of Debt;Forec/osure. Upon the occurrence of any Event of Defau/t, or any time thereaRer, Beneficiary may, at its option, dec/are a//the
<br /> lndebtedness secured hereby immediate/y due and payab/e and the same sha//bear interest at the default rate, if any, set forth in the Note, or
<br /> otherwise ai the highest rate permitted by/aw, and,irrespective of whether Beneficiary exercises said option,it may, at ifs option and in its sole
<br /> discretion, without any further notice or demand to or upon Trustor, do one or more of the following:
<br /> (a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any part thereof,•make repairs and a/terations and do
<br /> any acts which Beneficiary deems proper to protect the security theieof, and either with or without taking possession, in its own name, sue for
<br /> or otherwise collect and receive rents, issues and profits,inc/uding those past due and unpaid, and app/y the same, /ess costs and expenses of
<br /> operation and col/ection,inc/uding reasonab/e attorney fees and Beneficiary's costs, upon the lndebtedness secured hereby and in such order
<br /> as Beneficiary may determine. Upon request of Beneficiary, Trustor sha//assemb/e and sha//make avai/able to Beneficiary any of the Trust
<br /> Property which has been removed. The entering upon and taking possession ol the Trust Property, the collection of any rents,issues and profits,
<br /> and the application thereof as aforesaid, shall not cure or waive any default theretofore or ther�iter obcurring, or affect any notice of default or
<br /> notice of sa/e hereunder or irnalidate any act done pursuant to any such notice. Notwithstandirrg Benefi�i�ry's confin�ance in possession or
<br /> receipt and application of rents, issues or profits, Beneficiary shall be entit/ed to exercise every,right prouidgd for in th� Deed ol Trust or by law
<br /> upon or aRer the occurrence of an Event of Defau/t,inc/uding the right to exercise the power of sa/e.Any of the actions referred to in this
<br /> paragraph may be taken by Beneficiary at such time as Beneficiary may determine without regard to the adequacy of any security for the
<br /> lndebtedness secured hereby.
<br /> (b) Beneficiary shall, without regard to the adequacy of any security for the lndebtedness secured hereby,be entit/ed to the appointment of a
<br /> receiver by any court having jurisdiction, without notice, to take possession of,protect, and manage the Trust Property and operate the same
<br /> and collect the rents,issues and profits therefiom.
<br /> (c) Beneficiary may bring any action in arry court of competent jurisdiction to forec/ose this Deed of Trust or enforce any of the covenants hereo%
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