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<br />nn 100556
<br />16. Covenants of Tnrstor with Respect to teases. 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 contallmd,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Oft any Czmant waiver at approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />would have the effect of impairing the value of the lessor's Interest thereunder or the property subject thereto. or of Impairing the
<br />position or interest of Beneficiary therein, or
<br />(9 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 limitation with respect to any debt, demand or obggatipn secured hereby and
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained heroin.
<br />18. Assignment of Deposits, in the event construction of improvements is contemplated by the ban 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 />ironies deposited by or on behalf of Tnrstor with any city, count', 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 ParMership Existence. lf 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 tows of the
<br />stab of its incorporation or organization.
<br />20. Forbearance by Beneficiary 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 preclude the exercise of any such right at remedy. The procurement of
<br />insurance or Me payment of taxes or the discharge of liens or charges by Beneficiary shall not be• a. waiver of-Beneficiary's right to
<br />accelerate the maturity of the lndebta-dneks".
<br />21. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any 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 agreements herein contained shag bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. All covenants and
<br />agreements of Trustor shall be jdnt and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are not to be used to Interpret or define the provisions hereof.
<br />.23. Notice. Except for any-nalice required under applicable law to be gilowin another manner, (a) any notice to Trustor provided for in this
<br />Deed of Trust Shoff be, given by mailing such notice by certified mail, return receipt requested addressed to Trustor at its mailing
<br />address set forth above or at such other address as Trustur may designate by notice to Beneficiary as provided herein, and (b) any
<br />notice to Beneficlar &Trustee shall be given-thy certified mail, return receipt requested, to Beneficiary's and Trustee's mailing
<br />address stated hereincr to such other address.as Beneficlary or Trustee may desionate by nntica Tr�,Mnr as here r Any
<br />notice provided lour this Deed of Trust shall be deemed to have been given to Tnrstor, Beneficiary or Trustee when given in the
<br />manner designated herein.
<br />24. Governing Law; Sevembility. This Deed 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 provWbris of this Deed of Trust which can
<br />be given effect wNtJiwt the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable.
<br />25. Events of Default: 6: * of the following occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />of Default'•).
<br />(a) TrusMrs'hall fail to pay when due any principal, interest. cr pdndfpal and nterest ore the Indebtedness;
<br />(b) Any warranty of title made by Trustor herein shall be urt u%.
<br />(c) Trustor shall fail to observe or perform any of the covenants, agreements, or conditions in this Deed of Trust,
<br />(d) Any representedon or warranty made by Trustor on any financial statements or reports submitted tb Beneficiary by or on behalf of
<br />Trustor shall prove false or materially misleading,
<br />(e) Trustor shall fail to perform or observe any of the covenants, conditions or agreements coma Ted 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 in connection with the loan evidenced by the Note,
<br />M A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed, Or any of t1me creditors of Trustor shall rile a
<br />petition in bankruptcy against Trustor, or for the reorganization of Trustor pursuant to the Federal Bankruptcy Code, or any similar
<br />law, whether federal or state, and If such order or petition shall not be discharged or disrk&ed within thirty (30) days after the date
<br />on wfticlh such order or petition was filed,
<br />(g) Trustor shall file a petition pursuant to the Federal @ ankruptcy Code at any similar law-,,Federal- or state, or if Trustor shall be
<br />adjudged a bankrupt, or be declared insolvent;, or shall make an assignment for the berrefitof creditors, or shall 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 or any part of the Trust Property,
<br />(h) Final judgment fear the payment of money shall be rendered against Trustor and Trustorshail not discharge the same, or cause it to
<br />be discharged, within thirty (30) days after the entry thereof, or shall 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 />0) Trustor shall sell or convey time 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 />(<) it Trustor is a corporation or partnership and more than fifty percent (501.) of the shares or beneficial Interests in such corporation or
<br />parbhershlp, 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 odt rwise 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 />after bm. 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 casts and expenses of operation and collection, including reasonable attorney fees and Beneficiary's
<br />costs, upon the Indebtedness secured hereby and In such order as Beneficiary may determine. Upon request of Beneficiary, Trustor
<br />shall assemble and shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and
<br />taking possession of the Trust Property, the collection of any rents, issues and profits, and the application thereof as aforesaid, shall
<br />not cure or waive any default theretofore or 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 rigght 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 exercise the power of sale Any of the actions referred to in
<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 enrrlled to the
<br />appointment of a receiver by any court having jurisdiction, without notice, to take possession of, protect aInrl + nanage the, ]rr.:r
<br />Property and operate the same and collect the rents. issues and profits therefrom
<br />!cl Bonoficrary may t)rfng any matron in any court of comperont jurisdiction to foreclose urns Gerd r: f T•,, tit of eflfort v anq• of Imo
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