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<br />89._ 100799
<br />16. Covenants of Trustor 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 inexistence.,
<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 therect, or pemrit any event to occur which would
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<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 />thereiir contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />wnufd have the eflkct of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />position or trtterestof Beneficiary therein, 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 aufsinp thereunder.
<br />17. Waiver of Statute of limitations. Time is of the essence in all of Trustor's obligations and duties tereunder, and to the extent permitted
<br />by law, Trustor wavves aU present or future statutes of Gmitebons 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 Impmvemarls Is ccnnimpfated by the loam evidenced by the Note secured
<br />hereby, as additional security Umefore, Trustor hereby trarWW- 4'i=rct assigns to Beneficiary, aft eght title and irterest to any and all
<br />monies deposited by or on behaltef Trustor with any city,, county, public body or agamy, sanitary disliicf utility company, and
<br />any other body or agency, for lire installation or to secure the installation a1` any uvxi : t j Trustor, palta(ning rt &e Trust Property.
<br />19. Cwpon t n or part 1p &,gene. if Trustor is a corporation, general. patmership, cr limited padimuship, irtscgdo all things
<br />necessary to preserve ifs. c 7wike or partnership existence, as the cm; racy be, avid 211 rigl't3: awl, privileges der the iar�trs of the
<br />: state of its Incwporatfon yr fn�.ation.
<br />-. 20. Forbearance by Berneg-;iary f4dra Waiver. Any forbearance by Beneficiary in exercising any rigNor remedy heir -i rder, or otherwise
<br />afforded by applksW few shall not be a waiver of or preclude the exercise of any such right ar w�- .-Mdy. The pr*crsment of
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<br />Insurance or the paymoit of taxes or the discharge of liens or charge3 by Beneficiary shall not ire ii t�anrer of Beneficiary's right to
<br />acceLrate ilia rr►arcnq,: of the Indebtedness.
<br />21. Remedies Cumulative. AM reniages provided in this Deed ct Trust are distinct and cumulative to any other right or remedy under this
<br />Deedof Trust or afforded by twor equity, and maybe eaarcised concurrently, independently or successively., ,
<br />22. Successors and Asargns Bound; Joint and Several Liability; Captions. The covenants and agreements herein carwned shat broil, and .., .'
<br />Me rights hereundee shall inure to, the respective successors and assigns. of Beneficiary, Trustee, and Trustor, iAJ covensrm rrxt .
<br />agreements of Truslbt shall bo joint and several. The captions and headings of the paragraphs of this Deed of Tryst are fo7
<br />convenience only and are not to be used to interpret or define the pro0slaTs hereof.
<br />23. Notice, Except for any notice rrqufred under applicable law to be given in another manner, (a) a►%yr notice to rrrjvor provided for in this
<br />Deed of Trust shall be given h imailing such notice by certified mail, return receiptniqueste3d addricsed to Trustor at its mailing
<br />address set forth above or at such address as Trustor may desigrwe by na$ce tin. Eare rriaty as provided herein, and (b) any
<br />notice to Beneficiary or Trustee small be given- by certified mail, return mcniot requesila4'W Saimficlary's and Trustee's mailing
<br />address stated herein or to suchi other address as Beneficiary or Trustees may designate by notice to Trustor as provided herein. Any
<br />notice provided for in this Deed vt Trust shall be deemed to have been given to Trustor, Beneficiary or Trustee when given in the
<br />manner designated herein.
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<br />24, Governing Law; Severability. This Deed of Trust shall be Ciace -iced by the laws of the State of Nebraska. to the event any provision or
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<br />clause of this Deed of Trust conflicts with applicable law, sudi cant iet shall not affect other provisions of this Deed of Trust which can
<br />be given effect wi&aut the conflicting provisions and to Mi—, u'td, the previsions of this Deed of Trust are declared to be severable.
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<br />25. Events of Default. Each of the following occurrences shall =!i ,fiurh tat event of default hereunder, (hereinafter called an "Event
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<br />of D020,4"):
<br />(a) ThiyiMrskall fail to pay when due any principal, interest, or principal 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 conditions in this. M ed of Trust,
<br />(d) Any representation or warranty made by Trustor on any financial statanner -ts crrmperts suL!*sr(ted to 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 agree'r;rnts contained in, or binding upon Trustor under
<br />any building loan agreement security agreement, loan agreement, financing statement, or any other agreement instrument or
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<br />document executed by Trustor in connection with the loan evidenced by Mo Note,
<br />(f) A trustee, receiver or liquidator of the Trust Property or of Trustor shall to appolnted, 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 stale, and if such order or petition shall not be discharged or dismissed within thirty (30) days alter 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 similar law, federal or state. or it 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 />mabyity 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) Fttudjudgment for the payment of money shall be rendered against Trustor and Tiwror shall not discharge the same, or cause it to
<br />be'dkicharged, within thirty (30) days after the entry themcf, or shall not appeal tfferefrom or from the order, decree or process upon
<br />which or pursuant to which said judgment was grantee,' .baFed, or erlered, and secure a stay of execution pending such appeal,
<br />(i) Trustor shall sett or convey the Trust Property, or any, p: ljl - 2erect, nr ar. y interest therein, or shall be divested of its title, or any interest
<br />therein, in any manner or way, whether va'untanly or rrvla7 jntarily, without the written consent of Beneficiary being first had and
<br />obtained, or
<br />(j) iI Trustor is a corporation or partnership and more than fifty percent (50016) of the shares orQeheficialInterests in such corporation or
<br />partnership, as the case may be, shall be transferred or conveyed, whether voluntarily or idultl iVarily, without the written consent of
<br />Beneficiary being first had and obtained.
<br />26. Acceleration of Debi, Foreclosure. Upon the occurrence of any Event of Default, or any time hereafter, Beneficiary may, at its option,
<br />deciare all the indebtedness secured hereby immediately due and payable and t4ayame shall bear interest at the default rate, if any,
<br />set forth in the Note, or other%vma) at the highest rate permitted by law, and, irrespecd(ve of whether Beneficiary exercises said option, it
<br />may, at its option and In discretion, without any further notice or demand to or upon Trustor, do one or more of the following:
<br />(a) Beneficiary a74, enter u; an, take possession of, manage and operate the Trust Property or any part thereof, • make repairs and
<br />alterations and;6 any acts which Beneficiary deems proper to protect the security thereof, and either with or without taking
<br />poceeeelon. in AS: own na" who for or otherwisa milect and receive rents, issues and profits, including those past due and unpaid
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<br />and apply the same, lass costs and expenses of operation and collection, inchiVrg reasonable attorney fees and Beneficiary's
<br />costs, upon the Indebtedness secured hereby and In such order as Benefrciart 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 (he application thereof as aforesaid, shall
<br />not cure or. waive any default theretofore or thereafter occurring, or affect any notice of deracator notice of sale hereunder or
<br />invalidate any act done pursuant to any such notice. Notwithstanding Beneficiary's continuance to possession or receipt and
<br />application of rents, issues or profits. Beneficiary shall he entitled to exercise every right provided for in this Deed of Trust or by tali
<br />upon or after the occurrence of an Event of Default. including the right to exercise the power of sale. Any of tho acbans referred to in
<br />this paragraph maybe taken by Eieneliciary at such time as genericFdry may determine anthpur re. ydic to the adequacy of any
<br />socuriry for the Indebtedness secured hereby
<br />(b; GeneGerary shall, without regard to tha adequacy of any security for the Indebtedness se =cured hereby. be onbUe[t to ?k-r,
<br />e'�DtantrrentOf a ►eca +ver by any court having jurisdiction, wittrout na!rce. to take poswss,on of pro,'(3Cl avid »ra!r by trr, ler st
<br />r'�At'rtyr and operate thEh Sdrr U crtd CU(:eCr tR© IpnfS, #!;guw; and p1GfllS
<br />rcr Banofcrary may bring afry action in tiny court of comr, atoru. lunsdrebon to fvrec!ose ?PiS Deeff rf i'lisi nr i ri'r•rr c any
<br />covenants horcof
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