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<br />89-- 101761
<br />16. Covenants of Trustor with Respect to Leases. 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 thereof, or permit any event to occur which would
<br />occur thereunder to terminate or cancel fire 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 thereuncfe>: or to change any renewal provisions
<br />therein 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 />would have the effect of impairing the value of the fessor's interest thereunder or the property subject thereto, or of impairing the
<br />position or interest of Beneficiary therein, or
<br />(0 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 Trustee's obligations and dudes 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 fhe purpose of enfoectng this Deed of Trust oralV,lights or remedies contemned herein.
<br />18 Assignment of Depcsits. in the event construction of improvements is contexplVed by the loan evidenced by the Note secured
<br />hereby, as addtwaf security theref0m Trustor hereby transfers<aact assigns: to Senefictary, all right, fine and interest to. and and all
<br />monies deposift$d by at on behalf of Trustor with any city, ca uRry, jpjbk b odfr os agency, sanitary district; uvxy congaV. , and
<br />any other GA cr agency. for the irVWion or to secure the r "rs Y'�ffrr� of anw ; iltil ty by Trustcrr, pertainlrTg to Etta 7 n l�TZ ppriy ;. ,
<br />f91; (v Flora 7c 'ertrras>tir t,,.v„v`d:: TnWar is a r" ul ",a^„ ;., gm era{ paitTe;shiY, of Fr: rivd pa- rtn& rq.q, .f *914J 1 tiles
<br />ratl!'ssary lrri'isserve r7ranr�tpre<e r)�arOnersh'ri skiY93rtce as die case maybe, and all rirrtats and ctip!iit ilndijtt ; "i^ if'jlir .
<br />" _ ; - id, �' s1t1' 3: 7e�t�OratlQti +arrfn+�ardtatlf5t�.:." �'" ' .
<br />!r<sr ieazxa x lad i Blrefiparar;liot 2 iMBrt'nt i�ZSg� Ik of az fee fly I3(in s ciary in eyarcising'Ov tdjejsl'i; r�.fni=ei r re, srti ',cat' atl1r rT ,
<br />.•i - - } .
<br />'�lG�6dtrjJ':�i!. ill,, iJefitYl'81iif�•`15f£Irt1i�?�1� 1 4't��(:�?aWU(�F3?!1? 7?t B /C7�+srt7l:tii7�u ^uCJ'lrr7fit 4ik !�?(ii!(?'�711t7ltfrrl:r'!f•`:
<br />1)t Rrrence ,sfjgje[:M�y�77eltf f tt?.'taiJfr ; ;vIt &rev iJ�ifrriT cls#sgt =:s svJt Gsiutr+/li;iary shall .'flit br# a wrrlitrtrrrsf BBne/fiJibir, rt!`it
<br />' ,>�elerate•uiaa <lmbtltr'lyl pl,�>;( =_-lts�±;�lh+fiai�a5: • '
<br />'= �emedi m vd:. laitjr r+sd s rN(r�ad in this Deed afTirl�t`r{ri=" ii :ardcumulative to any other right or rems4 under this
<br />iJeed of True or affai- dw.,1�f•trw or equsty, and may be exercised aancurrentty, independently or successively.
<br />2Z Successors and Assigns 13dund; Joint and Several Liability, Captions. The covenants and agreements herein contained shall bind, and
<br />Me rights hereunder shall .~mute to, the respective successors and assigns of Beneficiary, Trustee, and 7fustor. All covenants and
<br />agreements of Trustor shall be joint and seve,fal. 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 of to such other address as Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any
<br />notice provided for in this Deed of Trust shag be deemed to have been given to Trustor, Beneficiary or Trustee when given in the
<br />manner designated herein.
<br />24, Governing Law; Severability. 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 applicaW0.1aw, 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 Defeuh. Each of the following occurrences shall cormdtute an event of default hereunder, (hereinafter called an "Event
<br />of Default').-
<br />(a) Trustor shall fail to pay when due any pn?C;p.Z- . it *-rest or pr necipal and interest on the Indebtedness,
<br />(b) Any warranty of title made by Trustor herein ~:*tall b-4 untrue,
<br />(C) Trustor shall fait to observe or perform any of the cavonar:is, aggraements, or conditions in this Deed of Trust,
<br />jd) Any reprasontation or warranty made by Trustor on any finamisr statements or reports submitted to Beneficiary by o,• on behalf of
<br />Trustor shall prove false or materta. V ma,slaadir, g _
<br />;(e) Trustor shall fail to perWln or obseJve e! ^y of the covenants, con:14rGro or.tr raements canfa:ned in, or binding upon Trustor u lw
<br />any building loan agreampent, security.egreement, loan agreement, finarcm;i vVement, or any other agreement, instrument or
<br />document executed by Tres!:,r:- Connecton with the loan evidenced by !,';e five,
<br />iii A trustee, receiver or 1iqu. ;! a.'sr of me 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
<br />law, whether federal or state, and if such order or petition shall not be discharged 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 similar law, federal or state, or it Trustor shag 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 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 be renderev 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,
<br />(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
<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) It Trustor is a corporation or partnership and mono than fifty percent (50%) 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 Debi 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 at the highest rate permitted by law, and, irrespectivo of whothor Banoliciary exercises said uMv'ix it
<br />may, at its option and sr a„ sale discretion, without any further notice or derrz; O to or upon Trustor, do one or more of the follour, -•.:? .
<br />(a) Beneficiary may er. rLr ;� ran, take possession of, manage and operate tt e 1 r=',f Property or any part thereof; make repairs and .
<br />alterations and reo ary act; which Beneficiary deems proper,ro.TP•otect tie securlrl .tNoract, and either with or witfrw, taking
<br />.�.rri trait, s cr olhenviro cag^ct oral' �r_ va rar'a. issue' Iry Ails, itidudiny those pa^ due and unpard,
<br />ram costs and expenses V Zleration a::a ccilecticn, • re Uding reasonable after-.11 fees anti Seneficiar,; s
<br />costs, ,-�=n .; e indetwodness secured hereby dsaal in such srdai es Berefc:rW may determine. Upon r•aquest of Beneficiary. 7:0- 1'.vor
<br />shall assemble and shad: »tike available to Ber�'►:rary any o1!t;e Trust PILoIerty which has been ter,^yved. The entoHrig upor, a-id
<br />taking possession of the trust Property, the collr ctron of ary mv!: 3, issues and profits. and rho aAolication there& at 06resafd, shall
<br />1701 Cure or waive any default theretofore or thereafter occur h +y. or affect any notice of d6 r, .siv- notice of sate rq > ;L d ^der or
<br />invalidate any act donb pursuant to any such notice_ Notwithstarding Beneficiary's confirraance in possession or •n9ipt and
<br />application of rents, issues or profits, Beneficiary shall be entitled to exerCrsa every right provided for in this Deed of Trust or by h+a,
<br />upon or after the occurrence of an Event of Default, including the right to &•,16r,:fse the power of sale Any of tho, actions refered t vin
<br />ttUS paragraph may be taken by Sonaficlary at such time as Beneficiary may determine without reyarti to the adequacy of any
<br />soeunty for the Indebtedness secured hereby
<br />lb1 Beneficiary shall, without regard to the adequacy of tiny security for the Indabtc+dnoss set. r,roct he�rebv, be entitle to the
<br />appOrntmont of o recorvet my any coart having lurrsdrefron, without nonce, to Grlre possossno» of, orofert amt rrtarru4r± tree l ru%t
<br />Pmporry and operate trig satn8 uitd co /laZl the renrts, issues and profits tholafroin
<br />try Yonvfcfory mtny ltnnq (iffy actin rh any court of compotent ltrfrsalchon to foroctose rhrs l:c+ed of r r�': d�rtr fir +.r,w..r tr•r•
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