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<br />100694
<br />16. Covenants of Trustor with Respect to Leases. W,110411 the pnor, written consent of Beneficiary, Trustor shall not, directly or indirectly.
<br />with respect to any lease of space in the Trust Property, or anp portion thereof, whether such lease is now or hereafter in existence:
<br />(a) Accept or permit any prepayment, discount or advance payytrent of rent hereunder in excess of one month,
<br />(b) Cancel or teriinate the same, or accept any canvolfntinn, thrmination or surrender thereof, or permit any event to occur which would
<br />occur thereunder to terminate or cancel rho samo. other thatr,termination for nonpayment of rent,
<br />(c) Amend or modify the same so as to reduce the t0►m thomot,,2he rental payable thereunder, or to change any renewal provisions
<br />Mersin contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give any consent, waiver or approval thereunder or irate any ,other action in connection therewith, or with a lessee thereunder, which
<br />would have. Me effect of Impairing the value of the fossar's interest thereunder or the property subject thereto, or of impairing the
<br />position or Interest of Beneficiary therein, or
<br />(1) SeN, assign, pledge, mortgage or otherwise dispose at, 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 al- Trustor's obligations and duties hereunder, and to the extent permitted
<br />by law. Trustor waives all present or future statutes at limitati4os 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 />I& As*r1ment 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 handWs and assigns to Beneficiary, all right, title and interest to any and all
<br />monies deposited by or on behalf of Trustee 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,instaflation of any utility by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. ff Truster 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 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 shall not 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 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 shall bind, and
<br />the rights hereunder shall Inure to, the respective succeesars and assigns of Beneficiary. Trustee, and Trustor. All covenants and
<br />agreements of Trustor shall be joint and several. Via 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 armther manner, (a) any notice to Trustor provided for in this
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<br />Deed of Trust shall be given by malkg. such notice by ,certiled mail, retum receipt requested addressed to Trustor at its mailing
<br />address set forth above or at such other, adiffe s as Trustor may designate by notice to Beneficiary as provided herein, and (b) any.
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<br />notice to Beneficiary or Trustee shall 60. gi von by cerdfled mail, return receipt requested, to Beneficiary's and Trustee'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 />notice ps'vvfded for in this of Trust-shell be deemed to have been given to Trustor, Beneficiary or Trustee when given in the
<br />wDeed
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<br />24. Governing Law; Severability. This Deed of Trust shalllbe 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 16w such conflict shall:not affect other provisions of this Deed of Trust which can.
<br />be given effect without the conflicting provisions and ta,Mis 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 defauithereunder, (hereinafter called an "Event
<br />• of Default"):
<br />(a) Trustor shall fail to pays when due any principal, interest, or principal and interest on the Indebtedness,
<br />(b) Any warranty of We made by Trustor herein shaft 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 representation or warranty made by Trustar on,any financial statements or reports submitted to Beneficiary by or on behalf .of,
<br />Trustor shall prove false or materially misleading,,
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<br />(e) Trustor shall fail to perform or observe any of the covenants, conditions or agreements contained tin, or binding upon Trustor.under
<br />any building loan agreement, security agreementi loan agreement, finandng statement, or any oofretr agreement instrument a
<br />document executed by Trustor in connection wilh the loan evidenced by the Note,
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<br />(1) A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed, or any of the creditors of Trustor shall file a
<br />petition in bankruptcy against Trustor or for the -reorganization of Trustor pursuant to the Federal Bankruptcy Code, or any similar,
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<br />law, whether federal or state, and if such orderor petition shall not be discharged or dismissed witfrn thirty (30) days after the date
<br />on which such order of petition was filed,
<br />(g) Trustor shall file a petition pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or if Trustor shall be
<br />adjudged a bankrupt, or be declared insaHrent, or shall make an assignment for the benefit of creditors, or shall admit In wilting 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 for the payment of money shall Ere rendered against Trustor.and Trustor shall 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,1
<br />0) Trustor shall sell or s onvey. the Dust Property, or any pan thereof, of any interest there,;q, or shall be divested of its title, or any interest
<br />therein, in any manner or way, whetheii ,voluntarily or involuntarily, without the written consent of Beneficiary being first had and
<br />obtairtK or
<br />G} if Trustor is a corporati an or-partnership and more than fifty percent (50 %) of the shares or beneffdrJ interests in such corporation or
<br />partnership, as the case may be, shaAbe transferred or conveyed, whether voluntarily or involunradiyr, without the written consent of .
<br />Beneficiary being first had and obtainedl
<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 atithe highest rate permitted by law, and, Irrespective of whether Beneficiary exercises said option, it-
<br />may, at its option and in its sold d0orell6n, 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 pan thereof; make repairs and
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<br />alterations and do any acts which Beneficiary deems proper to protect the security themol, and either with or without taking
<br />possessoa, In Its own name, sue for or otherwise collect and receive rents, issues and prafit's, including those past due and unpaid,
<br />and applrf the mine. less costs and expenses of oaere ion and collection, including reasonable a1omey fees and Beneficiary's
<br />-sus, upon the todebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor
<br />sh-04sremble and shall make available to Beu:e rciary any of the Trust Property which has been removed. The entering upon and
<br />takierg possession of the Trust Property, the c0'ilectiCq of any rents, issues and profits, and the app ?icaVcri thereof as aforesaid, shall
<br />not curs or waive any default theretofore or thereafter occurring, or affect any notice of default or notice of sale hereunder or
<br />invalklate 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 exercise the power of sale. Any of the actiw, s 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 entitled to the
<br />appointment of a receiver by any court having Jurisdiction, without notice, to take possession of, protect, and manage the Trust
<br />Property and operate the same and collect the rents, issues and profits therefrom.
<br />(c) Benofciary may bring any action in any court of competent jurisdiction to foreclose this Deed of Trust or enlace nnv of the
<br />covenants hereof
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