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<br />16. Covenants of Trustor with Respect to Leases. Without the prior written consent of Qenefic►ary. Trustor shall not, dirBCby or indirectly,
<br />with respect to any lease of space in the Trust Property, or any portion thereof, whether such lease is now Of hereattar In existence:
<br />(a) Accept or permit any prepayment, discount or advance payment of rent harounder 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 some so as to reduce the term thereof, the rental payable thareunrler, or to change any renewal provisions
<br />therein contained,
<br />(d) Waive any default thereunder or breach thereat.
<br />(e) Give any consent, waiver or approval thereunder or take any other action In connection therewith, or with a less** therounchm which
<br />would have the effect of impairing the value of the lessor's interest thereunder or (the properly subject thereto, or of impairing the
<br />position or interest of Beneficiary therein, or
<br />(T) Sell, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any sold 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 h*rein.
<br />18. Assignment of Deposits. In the event construction of improvements Is contemplated by the loan evidenced by the Mote securod
<br />hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and ell
<br />monies deposited by or on behalf of Trustor with any city, coanly, public bed), or agency, sanitary district. utifity company. and
<br />any other body or agency, for the installation or to secure tire Installation of any utility by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. N Trustor is a corporation, general partnership, or limited partnership, it will do aN things
<br />necessary to preserve its corporate or partnership existence, as the case may be, and all rights and privileges under the laws of the
<br />state 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 or remedy. The procurement of
<br />insurance or the payment of taxes or the discharge of lions or charges by Beneficiary shalt not be a waiver of Beneficiary's right to
<br />accelerate the maturity of the Indebtedness.
<br />211. Remo dies Cumula&s. All remad es provided in this Deed of Toast are distinct end cumulative to any other light or remedy uncle► this
<br />Deed of Trust or afforded by law or equity, and may be exercised concurenty, independently or successively.
<br />22. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and
<br />Me 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 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 notice required under applicable law to be given in another manner, (a) any notice to Trustor provided for in this
<br />Deed of Trust shall 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 Trustor may designate by notice to Beneficiary as provided herein, and (b) any
<br />notice to Beneficiary or Trustee shall be given by certified mail, return receipt requested, to Beneficiary's and Trustee's mailing
<br />address stated herein or to such other address as Benefrclacy or Trustee may designate by notice to Trustor as provided heroin. Any
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<br />mannet'dessdnated herein.
<br />24. Goven Law; 8everabllity. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event any provision or
<br />clause of&l s Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can
<br />be given effect without the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable.
<br />25: Events of Default. Each of the following occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />of Default"):
<br />(a) Trustor shall fail topay when due any principal, Interest, or principal and Interest on the Indebtedness,
<br />(b) Any warranty of Mb made by Trustor herein shall be untrue,
<br />(c) Trustor shall fail to observe or perform any of the covenants, agreements, or coradWons in this Deed of Trust-.
<br />(d) Any representation or warrat,rS Made by Trustor on any financial statements or teports submitted to Beneficiary by or on behalf of
<br />Trustor shall prove false of materatly mteesding,
<br />(e) Trustor shall fail to perform or observe Any of the covenants, conditions or agreements contained in, or binding upon Trustor under
<br />aiiyr building ban agreemerr. secucd f agreement, loan agreement, financing sta&r.mni, or any other agree,Enent, instrument or
<br />daarment executed by Trustcrrrir connection with the loan evidenced by the Note,
<br />(t) A trustee, receiver cr liquidator of the Trust Property or of Trustor shall be gppGinted, w air of the creditors of Trustor shall file a
<br />petition in bank�ruptcy against Trustor, oeof the reorganization of Trustorpuvsuant to Me Federal, Bankruptcy Code, or any similar
<br />law, whether federal or state, and it such order or petition shall not be d scharged or dismissed within thirty (30) days after the date
<br />on which such order or petition was filed,'
<br />(g) Trustor shall file a petition pursuant to the Federal Bankruptcy Code or any sirnilarlaw, federal or state, orif Trustor shall be
<br />adjudged a bankrupt, or be declared Insolvent, or shall` make an assignment for the benefit of creditors, or shall admit in writing its
<br />inability to pay its debts as they become daet or stall consent to the appointment of a recefvedvtall or any part of the Trust Property,
<br />(h) Final Judgment for the payment of money shalt be reordered against Trustor and Trustor shafk nW I'scharge the same, or cause it to
<br />be discharged, within thirty (30) days alter the entry ftreot, 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 />(l) 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 />0) N Trustor is a corporation or partnership and more than fifty percent (fit%) 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 Ngfe, or otherwise at to 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 ofiienvise collect and receive rents, issues and profits, including those past due and unpaid,
<br />and apply the same, less costs 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 ronts, issues or profits, Beneficiary shall be entitled to exorcise ovary 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 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 reyerd 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 iho
<br />appointment of a receiver by any court having jurisdiction, without notice, to take possession of, protect, arid manage the Tr►rst
<br />Proporty and operate the some and collect the rents, issues and prohfs therefrom.
<br />(c) Benebc►ary may bring any action in any court of competent Jurisdiction to forecloso this Doed of ir,Ist „r nmferf-e any of rho
<br />covenants hereof
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