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16. Covenants of Truster 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 tease is now or hereafter in existence:
<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, of accept any cancellation, termination or surrender thereof, or permit any event to occur which would
<br />occur thereunder to tentrinate or cancei 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 />therein contained,
<br />(d) Waive any delault thereunder or breach thereof,
<br />OD OD (e) Give any consent, waiver at approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />would have the effect ofknpsiring the value of the lessor's interest thereunder or the property subject thereto, or of Impairing the
<br />ce position or interest of Beneficiary therein, or
<br />40 (9 Sell, assign, pledge, mortgage or otherwise dispose o1 or encumberits interest in any said leasa orany rents, issues, profits issuing
<br />rl • of arising thereunder.
<br />17 Waiver of Statute of Unvtatlons. Time is of the essence in all of Trustor's obligations and duties hereunder, and to the extent permitted
<br />by few, Trustor waives all present of future statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />any action or proceeding for ere purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />CA8. Assiq-rrrat>i W Depcsrts. !n the &ant construction of improvements is contemplated by the loan evidenced by the Note secured
<br />hereby, as addttb;W security then -efore, Trustor hereby transfers and assigns to Beneficiary, all right; title and interest to any and all
<br />monies deposited by yr on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and
<br />any other body or agr^cy, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Property_
<br />19. Coipe►V. err? or Par:va;ship Existence. If Trustor is a corporation, general partnership, or limited partnership, it will do all things
<br />necessary to preseniv its corperats or partnership. existonce, as the case may be, and all rights and privileges under.• the laws of the
<br />state of& incorperefian or organization.
<br />20, Forbearance by Banefcary Not a Waiver Any forbearance by Benehcdarj in exercising any right. or: remedy hereunder; orotherwise
<br />afforded by applicable law, shalt not be a waiver of or preclude the exercese of any such. right orromady. The prucuiegiarit ref.
<br />insuratiee or the payment of taxc_ o-.the discharge of liens cr charges by. 6ene6ciary stroll not b� a waiver of Eerier ciaty t r %girt to'
<br />accelera`e the maturity of the Indebtedness.
<br />21. Remedies Cumulative. All remedies provided in this Deed c.` Trust are di-s- mct and cumulative to any otherright -or rernody, under this
<br />Deed of Trust or affcrded by law or equity, ._rrd may be exercised cericurWtly, independently or successively.
<br />22. Successors and Ass r.s Bound; Joint and Several Liability; Captions. The covenants and agreements hariein contained sf all bind, and
<br />the rights hereunderVtall inure to, the respective successors and assigns of Beneficiary, Trustea,,and Trustan,All covenants and
<br />agreements of Trustor shall be joint and several. The captans and headings of the paragraphs of this Deed of) Trust are for
<br />convenience only are are not to be used to I,iterpret or deNrre the provisions hereof.
<br />23. Notice. Except for air notice required under. applicable law to be given in another manner, (a) any frotice to Trustor provided for in this
<br />Deed of Trust shall ee given by mailing such notice by certified mail, rat urn receipt requested add arced to Trustor at its walling
<br />address set forth above or at s"^17 other address as Truster may desiganate by nctf ce to Benefici�re, as provided herein, acrd (b) any
<br />notice Itr Beneficiary or Trustee' wait be given by certified n7a, "c+ m receipt requesxed; to Beneficiary's and .trustee's mailing
<br />addrw sizied herein or to sin: ;s cilt9r address as Benef ary or r ra ea may designalu by notice to Truster ES provided herein. Any
<br />actice pm:lded fcrsa this Deed dl Trust shall be deemed to 'v:.f,�,: Giffin given to Trustor, Beneficiary of Trustee when given in the
<br />manner designated NF ein.
<br />24. Governing Law; S•ry w, ability. This Deed of Trust shall be g,Awnad try die laws of the State of Nebraska. In the event any prevision or
<br />clause of this Deedcw Trust conflicts with applicable law, Sa a:h conflict shag not affect other provisions of this Deed of Tfu -'-s ^,which can
<br />be given effect w fM:k�;4 the conflicting provisions and to this erd the provisions of this Deed of Trust are declared to be sr: lerable.
<br />25. Events of Default. of the following occurrences shall constitute an event of default hereunder, (hereinafter called an; Cvent
<br />of Default "):
<br />(a) Trustor shall fail talaay 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) Trustier &"tall fail to oirsrrt,e cr puz1bnn any of the covenams, agreements, or cond.,Ijan!£ in this Deed of Trust,
<br />(d) Any mpresentation cr wa-1 c[-t.� n, ade by Trustor on any f-. ancial statements or reports submitted to Benefici; ,' by cr .w bshali of
<br />Truster shall prove fW-se or materially misleading,
<br />(e) Trustor shall fail tope dorm or observe any of the covenants, condigors or agreements contained in, or binding upon 7nrOnr under
<br />any building ban agreement, security agreement, loan agreement, financing statement, or any other agreement, instrurnl ;i *t or
<br />document executed by Trustor in connection with the loan evidenced by the Note,
<br />(1) A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed, or any of the creditors ,of Trustor shag h, le a
<br />petition in bankruptcy against Trustor, or for the reorganization of Trustor pursuant to the Federal Bankruptcy Code, or an „` ”, milar
<br />law, whether federal or state, and if such or fer or petition shall not be discharged or dismissed within thirty (30) days aftru -dt# date
<br />an which such order or petition was tiled,
<br />(g) Trustor shall file a petition pursuant to the Fedar l 13, mMiVptcy Code or any similarlaw, federal or state, or if Trustor shall be
<br />adjudged a bankrupt, or be d c:Mfed insolvent, or shag make an assignment for Ma-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 pact cf rite Trust Property,
<br />(h) Final Judgment ter tires payment of money shall be rendered against Trustor and Trustor shall not discharge the sacra., rr cause it to
<br />be discharged, etiitlrin•thlrty (30) days after the entry thereof, or shall not appeal therefrom or from the order, dear e ar procass upon
<br />which or pursuant to which said judgment was granted, based, or entered, and secure a stay of execution panclirg sudrrippeal,
<br />(i) Truslarshall sell or convey ilia Trust Property, or any part thereof, or any interest therein, or shall be divested at 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 Trustoris a corpoiVion or partnership and more than fifty percent (500%) 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 consen• 01
<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, it any,
<br />set forth In the Note, or otherwise at the 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 rho Trust Property or any pad 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 otherwise 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 lees and Beneficiary s
<br />costs, upon the Indebtedness secured hereby and in such order as Beneficiary may determine. upon request of Eenefciary, Trustor
<br />shall assemble and shall make available to Beneficiary any of the Trust Property which has been reinoved Thu entering upon anti
<br />taking possession of the Trust Property. the collection of any rents. issues and profits, and the application thereof as aforesaid, ,r:arr
<br />not cute or waive any default theretofore or thoreafter occurring, or affect any notice of default or notrco of sale hereunder or
<br />invalidate any act done pursuant to any such notice Notwithstanding Benefierary's continuance in possession or recefpr and
<br />application of rents, issues or profits, Beneficiary shallbu entitled to exercise every right provided for in this Deed of TraSt of b`- Lm.
<br />upon or after the occurrence of an Event of Dolaug,.irrcluding the right to exercise the power of s !e Any of the actions referred !:,
<br />this paragraph may to taken by Beneficiary at such t -,no its Beneficiary may determu'p csdhout reyocl to tae adequacy of and•
<br />security for the Indebtod'rress sacured hereby.
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<br />fb) Beneficiary sha'], wilhjur regary tit that aduquacyof any seGtlnty top rho lndebfodness secoted heref)v. ve a nutted f:> the
<br />-_ appamtrr►ent of a rec•ewer by any coult hav,rry pil"dir turn. yS RhUut nU.'rLG', try fi /AC! t J/tli 1r411filge the
<br />FrOpurry and ope_ pate the Same err! co? ;ESC t ►IrU rc�ntS. l5$llt S ;rru1 Lr•.i!: Ilrwrelre.ur
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