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<br />16. Covenants of Trustor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not, directly or indirectly,
<br />with respect to any lease of space in the Trust Property, 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 would
<br />occur 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 rental payable thereunder, or to change any renewal provisions
<br />therein contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give any c-ons@nt waiver or��trvw there -under a, tak4 any other action in connection therewith, or with a lessee thereunder, which
<br />would have the eflact of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />poshkon or Interest of Beneficlry Nterein, or
<br />(f) Sell, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues, profits issuing
<br />or arising thereunder.
<br />17. Waiver of Statute of Limitations. Time is of the essence in all of Trustor's obligations and duties hereunder, and to the extent permitted
<br />by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />18. Assignment of Deposits. In the event construction of improvements is contemplated by the loan evidenced by the Note secured
<br />hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and Interest to any and all
<br />monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and
<br />any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. if Trustor is a corporation, general partnership, or limited partnership, it will do all things
<br />necessary to preserve its corporate or partnership existence, as the case may be, and all rights and privileges under the lawn of the
<br />state of its incorporation or organization.
<br />20. Forbearance by Benefciary Not a Waiver. ,Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />afforded by applicable law, shall not be a waiver of or prectuds the exercise of any such right or remedy. The procurement of
<br />Insuren -co or the payment of taxes or the d scharge of liens or charges by Beneficiary sh6j mat be a waiver of Beneficiary's right to
<br />accelerate the maturity of the Indebtedness:
<br />21. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to ary other right or remedy under this
<br />Deed of Trust or afforded by law or equity. and may be exercised concurrently, independently or successively.
<br />22. Successors and Assigns Bound: Joint and Several Liability; Captions. The covenants and agreemvm,1$ herein contained shall bind, and
<br />the rights hereunder shall Inure to; the respective successors and assigns of Beneficiary, Trustee.' and Trustor. AN covenants and
<br />agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of thcs Deed of Trust are for
<br />convenience only and are not to be used for interpret or define the provisions hereof.
<br />23. Notice. Except for any notice required under Vpficable law to be given in another manner, (a) any rmLce to Trustor prov fded for in this
<br />Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested addressed to TMstor at its mailing
<br />address set forth above or at such other address as Trustor may designate by notice to Beneficiary as provider herein, and (b) any
<br />notice to Beneficiary or Trustee shall be given by certified mail, retum receipt requested, to Beneficiary's and rewstee's mailing
<br />address stated herein or to such other address as Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any
<br />l,r"H�g psbyj^rn j for in this Marl of Trrac! cBc?! ➢!sa r(aamAd M Nava hpgrt nivan M Tn�ctnra RAnAIiriary or Trustee when given in the
<br />manner designated herein.
<br />24. Governing Law; Severability. This Geed of Trust shall be governed by the laws of the State of Nebraska. In the event any provision or
<br />clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this teed of Trust which can
<br />be given effect without the conflicting provisions and to tires end the provisions of this Deed of Trust are decland to be severable.
<br />25. Events of Default Each of the following occurence s shall constitute an event of default hereunder, (h ereinalrer carted an "Event
<br />of Default''):
<br />(a) Trustershall fail to pay when due any principal, interest or prncipal and interest on the Indebtedness,
<br />(b) Any warranty of title made by Trustor herein shall be untrue,
<br />(c) Trustor shall fail to observe or perform any of the covenants, agreements, or condtwonsr in this Deed of Trust,
<br />(d) Any representation or warranty made by. Trustor on any financial statements or reports aubmilted to Beneficiary by or on behalf of
<br />Trustor shall prove false or materially misreading,
<br />(e) Trustor shag fail to perform or observe any of the covenants, conditions or agreements contained in, or binding upon Trustor under
<br />any building loan agreement, security agreement loan agreement, financing statement, or any other agreement instrument or
<br />document executed by Trustor it? connection with the loan evidenced by the Note,
<br />(1) A trus+.ee, receiver or liquidator of the Trust rgperty or of Trustor shall be appointed, or any of Mi creditors of Trustor shall file a
<br />peon in barrkwptcy against Trustor, or for rite reorganization of Trustor pursuant to the Federal Bankruptcy Code, or any similar
<br />law. - whether federal or state. Brad if such order or petition shall not be discharged or dismissed' within thirty (30) days after the date
<br />on **ch such order or petition was filed,
<br />(g) Trustor shall file a petition pursuant to the Federal ftnkruptcy Code or any similar law, federal or state, or if Th=rcr shall be
<br />adjudged a bankrupt or be declared insuluarrt. or shall make an assignment for the benefit of cmditrrm '&- Sir&i+:admit in writing its
<br />inability to pay its debts as they become due, or shall consent to the appointment of a receiver of- all cr an Par of the Trust Property,
<br />(h) Final judgment for the payment atmoney shall be rendered against Trustor and Trustor shall not discharge ft same, or cause it to
<br />be discharged, within thirty (30) days alter the entry thereof, or shag not appeal therefrom or from the order, decree or process upon
<br />which or pursuant to which said judgment was granted, based, or entered, and secure a stay of execution pending such appeal,
<br />(i) Trustor shall sell or convey the Trust Property, or any part thereof, or any interest therein, or shall be divested of its title, or any interest
<br />therein, in any manner or way, whether voluntarily or Involuntarily, without the written consent of Beneficiary being first had and
<br />obtained. or
<br />(j) N Trustor is a corporation or partnership and more than fifty percent (W/o) of the shares or beneficial interests in such corporation or
<br />partnership, as the case may be, shall be transferred or conveyed, whether voluntarily or involuntarily, without the written consent of
<br />Beneficiary being first had and obtained.
<br />26. Acceleration of Debt; Foreclosure. Upon the occurrence of any Event of Default, or any time thereafter, Beneficiary may, at its option.
<br />declare all the Indebtedness secured hereby immediately due and payable and the same shall bear interest at the default rate, if any,
<br />set forth in the Note, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercises said option, it
<br />may, at its option and in its sole 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
<br />alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without taking
<br />possession, in its own name, sue for or otherwise collect and receive rents, issues and profits, including those past due and unpaid,
<br />and apply the same, less caVs and expenses of operation and collection, including reasonable attorney fries and Beneficiary's
<br />casts, upon the Indebtedness., secured hereby and in such order as Beneficiary may determine. Upon requesf of Beneficiary. Trustor
<br />shall assemble and shall main available to Beneficiary any of the Trust Property which has been removed.. rho entering upon and
<br />taking possession of the Trust• Property. the collection of any rents, issues and prorgs, and the application 07ereof as aforesaid, shall
<br />not cure or waive any default theretofcre'er thereafter occurring, or affect any notice of default or notice of sale hereunder or
<br />invalidate any act done pursuant to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and
<br />application of rents, issues or profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law
<br />upon or after the occurrence of an Event of Default. including the right to exerc .(* the power of sale Any of the actions referred to rut
<br />this paragraph may be taken by Beneficiary at such time as Beneficiary may determine without regard to the adequacy of any
<br />security for the Indebtedness secured hereby.
<br />(b) Beneficiary shall. without regard to the adequacy of any security for the Indebtedness secured hereby. be entitled to the
<br />appowtment of a receiver by any court having jurisdiction, without nOtICO, tO faire DOSSeSS'On Of protect r3ntY rr?,9n(igf+ the Trust
<br />Proporty and operatr3 the samo and collect the rents. issues and profits therefrom
<br />i 1 flonahcrary may briny any action in any court of compctent jurisdiction to forcela¢O rh,g Geed rf Trust ,nv nl the
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