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IS, QWenann' of Tru slo; %?.,Ph Rfspect to t.allsesM "R "R d* puler writtencturserd of BetwrtYc%wy, TmsW no d#'e tV orindm ly. with respec0 m any lr'asv of, space in tf* TmW Ptopeq, or any potVw OwW vuhe tr: smh IM M It rrovw or heregflar In ttxfstience. (a) AA:,cept or peram? any pmpaymwit discour* o r adw ",payment of m t hw urndar to excM. alone Monb (b) Carmel or terminate the .same, or acx tarty ~er ellrr:. ' bwokmWon ors•nrwxMr MWGo(, or.pa+tmn any ev+s fo occur ww`afch Would occur tl ew.-der to terminate or cancel the sasrter, oOAr Ran famghaban t,5r rrxtoeyment of rem (c) Amend or modify the courts so as tc, reduce V* term ttsereod, V* re+rtW payijia therewrtder, or to change my re ow vat provkdons thswein cxontained, (d) Waive any default f'rereunder or b-aach thefAo€ (e) Giva a -y consent, waiver or acp: uvaY theretmcler cr ta!r-! :„._r other acdan in cormw5$an themwtih. or wyyt r! lessee iheeeundgr. whk:h ' wrrufd have thtt Effect of impairing t* vakie of ^.''di l[!s srJr's interest thereunder or the property sukea thereto, or of lmp&"V the pOsdcn,a• :rrtar ,tSt of B"-ne i'ciary then ►r:, or (t) Seth, assign, pkrdge, mortgago or otfrewwize d'%s,1 ol',e of, or enctwrlber its interest In .srny said lease or a"ty rents, issues, profits Issidnr; or arising thefaunder, 17. Waiver of Ste.ute of L~naatrbew. Time Is of the essome Ir, all of Irms-Ws obbgations and duties hereunder, and to the extr.rrl, pen,,, Ved by law. Trus,or waives all present or fuhire, statufes of imitallbas with respect to any debt, demand or obkgatitxs secured mre.'t.f %ed any action x proceeding for the purpose of enforning this Deed of Trust or any rights or remedies coWained herein. 18. A :signnrf n; of Deposits. In the evmt construction of improvMeats is cor,►emplated by the loan evidenced by the Note .sej: ilea hereby, as addiVonal security therefow, Trustor hereby transfers and assigns to Beaefiiciary, a# right, title read interest to a „v'!d all mo-.lus deposited by or on behalf, of Truster 14 *h any city, county, public body or agency, sanitnry district, of ify company, acrd any other body or regency, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Froptrty. 18. Corporation or Partnership Existence. n Trus;:;r is a corporation, general partnership, or limited partnership, it will oo all things necessary to preserve its corporate or partnership existence, as the case may be. and all rights and privileges under the laws of the state of its incorporation or organization, 20. Forbearance by Beneiiciary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable few, shall not be a waiver of or preclude the exercise of any such right or remedy. The p,*curement of in-^orence or the payment of taxes or the discharge of liens or charges by Beneficiary shall got be a waiver of Beneficiary's right to accelerate the maturity- of the Indebtedness. 21, Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed o,• Trust or afYorded by law or equity, and may be exercised concurrently, indepanrdently or successively. 22. Succ~qssors a.: d Assigns Rcunct, Joint and Several Liability,- Capda m The covenants and agreements herein contained shall bind, and the ril-fats hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. All covenants and agreement:? of Taistor shall be;Joint and several. The captions and headings of the paragraphs of this Deed of Trust are for er oven ene,? only and are not to be used to interpret or dsfine the provisions hereof. 21 Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustor provided for in this Deed of Trust shall be given by mailing such notice by certified mail, : aturn receipt requested addressed to Truster at its mailing address set forth above or at sr'ch other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any not+ce to Beneficiary or Trustee- :;half be given by certified mail, return rice%pt requested, to Beneficiery's and Trustee's mailing ada'ress stated herein or to such outer address as Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any notice provided for' in this Cued of Trust shall be deemed w have been given to. Trdsfor. Beneficiary or Trustee wher given in the manner designated herein. 24. Governing Law, SeveraWity- This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conff r ong provisions and to This end the provisions of this Deed of Trust are declared to be severable. 25. Eventr of Default. Each of the followi;-rg occurrences shall constitute an event of default hereunder. (hereinafter called an "Event of Defeu;t" (a) Truvor shall fail to pay when due any principal, interest, cr principal and interest on the Indebtedness, (b) Any warranty of title rode by Trustor herein shall be untrue, (c) Trustor shall fail to observe or perforrfr any of the covenants, agreements, or conditions in this Deed of Trust, (d) Any representation or warranty made by Trustor on any financial statements or reports submitted to Beneficiary by or on behalf of Trustor shall prove false or materially tr.;sleading, (rr) Trustor shall fail to perform or observe any of the covenants, conditions or agreements contained in, or binding upon Trust or under any building loan agreement, security agreement, loan agreement, financing statement, or any other agreement, instrument or document executed by Trustor in connection with the loan evidenced by the Note, (f; 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 Pefi*'on in bankruptcy against Trustor, or for the reorganization of Trustor pursuant to the Federal Bankruptcy Code, or any similar law, wheher federal or state, and if such order or petition shall no,, bo disch rged er dismissed within thirty (30) days after the date on which such order or petition was filed, (g) Trustor shall file a pets icn pursuant to the Federal Bankr ptcy Code or any similar law, federal or state, or if Trustor shall be adjudged a bankrupt, or be declared insolvent, or shall make an assignment for the benefit of creditors, or shall admit in writing its 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, (h) Final judgment for the payment of money shall be rendered against Tnistor and Trustor shall not discharge the some. or cause k to be discharged; within thirty (30) days after the entry thereof, or shall n& appeal therefrom or from the order, decree or, process upon which or pursuant to which said judgment was granted, based, or entered, and secure a stay of exocution pending such appeal, (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 dierein, in any manner or way, whether voluntarily or involuntarily, without the written consent of Beneficiary being first had and obtained, or (j) It Trustor is a corporation or partnership and more than fifty percent (50%) of the shares or beneficial interests in such corporation or partnership, as the case may be, shall be transferred or conveyed, whether voluntarily or involuntarily, without the written consent of Beneficiary being first had and obtained. 2E. Acceleration of Debt, Foreclosure. Upon the occurrence of any Event of Default, or any Nme thereafter, Beneficiary may, at its option, declare all the indebtedness secured hereby immediately due and payable and the same shall bear interest at the default rate, if any, set forth in the Note, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercises said option, it 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; (a) Eaneficiary may enter upon, take possession of, manage and operate the Trust Property or any part therreof; make repairs and alrorations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without taking possession, in its own name, suo for or otherwise collect and receive rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable allorrey fees and Beneficiary's costs, upon the Indebtedness secured hereby and in such order as Banefciary may drtnrmine. Upon request of Beneficiary, Trustor shall assemble and shall make available Beneficiary taking posses :,-ion O"he Trust PfOPerty wYC- has been removed. The entering upon posses:,-ion of the Trust Property, the collection of any rents, issues and crctli,; :;nci the tpplication thereof as aforesaid, shall i not cure or waive any default theretofore or thereafter occurring, or effect any, t' ycr- c.l delsvil Ofice of sale hereunder or Invalidete any act done pursuant to arty such notice. Notwithstanding Beneficiary.s c ontinuarue Possession or receipt and a pplictlion of rents, issues or plc `.s, k eneficiary shall be• entitled to exercise every right providzu !tw in this Deed n; Trust or by Iciw upon a- after the occurrence of an Event of Default. Including the right to exercise the power of sale. Any of the ,clions referred to in 0 cis p6fa9raph maybe taken by Beneficiary at such time as Beneficiary "nay deterrm(ne without regard to VK adoquary of any security for the lnd,3btedness secured hereby. (b) Beneficiary shall, without regard to the adequacy of any security for the Indebtedness securpc' fnerpb be entitled to the appointment or a receiver by any court having jurisdiction, without notice, to take possession of, protect Y. and manage the Trust PtOperty and opG•rate the same and Collect he rents, issues and profits iten`front- (c) SeflfAcfary may Oring any action in any Court of competent jurisd clion to foreclose this Deed of Trust or enforce any of the covenants here yt,