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<br />16. Covenants of Trustor with Respect to Leases. Without the prior wrtfr4r; ccr'sgnt of Beneficiary. Trustor shall not, directly or indirectly,
<br />with respect to any tease of space in the Trust Property, or any perhCrs lheFzO, whether such lease is now or hereafter in existence:
<br />(a) Ar cept or permit any prepayment, discount or advance payment of rWrt iv er;inder in excess of one month,
<br />(b) Cancel or terminate the same, or accept any cancellation, tprmination or sr r•, Oder thereof, or permit any eveni to occur which would
<br />occur thereunder to terminate or cancel the same, other than terminator fixWxpayment of rent,
<br />(c) Amend or modify the same so as to reduce the term thereof, the rertaf papa #r:tp thereunder, 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 ot;,er a tc Mconnechon therewith, or with a lessee thereunder, which
<br />would have the effect of impairing on, valve of the lessor's mr , e G � : eund4w? or the property subject thereto, or of impairing the
<br />position or interest of Beneficiary therein, or
<br />(t) Sell, assign, pledge, mortgage or otherwise dispose of or erci vr;Iber its irwrest in any said lease or any rents, issues, profits issuing
<br />or arising thereunder.
<br />17. Waiver of Statute of !Imitations. Time is of the essence in alt of lFru Oes obligations and duties hereunder, and to the extent permitted
<br />by law, Trustor waives all present or future statutes of 11mita6ris with respect to any debt, demand or obligation secured hereby and
<br />any action or proceeding for the purpose of enforcing this Deed of Trwst or any rights or remedies contained herein.
<br />M 10, Assignment of Deposits. in the event construction of improvements is a m:?empfated by the loan evidenced by the Note secured
<br />co hereby, as addifiona� security therefore, Trus`a: hereby transfers and as o''gns to Beneficiary, all right, filte and interest to arya,7d all
<br />• monies deposited by a^ on behalf of Trus!ar wtzh any city, county, pubiiA body or agency, sanitary district, utility comparri: atd
<br />any orl;.erbody or a ge;,cy, for he installaVary or to installation of any ufitity by Trustor, ,cs•-'aid?g 7
<br />13. Gas - tllrnorPc'rr-r✓5':p z%?s?ehce. It T,- .Srar.1saco-pa7w 1n, genera. partnership, orlimrtedrar,-nk5'ip; iZstii�
<br />f n€'c�--asz y _� gresrrTaz,rz ^, r'LO*3fe or partnd su'i f ?e cgs; =,, ey be, and all rig:Ys ,arY,la�res u. der li-e:ia :s r the
<br />Sta,.,'t_�y
<br />�..2a. Fo,,,i ra.;ceby6ei:ahciaiy? der ._as:'1ayer. Aryidrbear�-7zs,b} aria���,T-rx car any rrg::.arrerre ),: r,,raUnderOrc renvi5e
<br />affardee by applicable law, staa/: ^ ai be a waiver of or p-esf:de ti 2 a. =iE;c c`arTtif sa,rf� right or remedy. r'iTe p -bcurement of
<br />insurmuff or tha payment of t ".'or the discharge of liens wr charges bf Beneficiary shall not be a waiver ofBeneficiary'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 />Me rights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. All covenants and
<br />agreements of Trustor shall be Joint and several. 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 comfied 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 or 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 shall 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 applicable law, 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 Default. Each of the following occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />of Default'):
<br />(a) Trustor shall fail to pay when due any principal, interest. = irincipal and interest an Via indebtedness,
<br />(b) Any watianty of title made by Thistor herein shall be u ,mbe,
<br />(c) Trustor shall fail to observe Dr, perform any of the covenants, agreements, or conditions in this Deed of Trust,
<br />(o Any represensali; r; or warm ^•t✓r made by Trustor on any financial suns - ments or reports submitted to Beneficiary by or on behalf of
<br />Trustor shall prove false or r-laranally misleading,
<br />(e) Tru nor shall fail to perform or arserve any of the covenants, conditions or agreernems contained in, or binding upon Trustor under
<br />any beirdinrg Lean agreement, security agreement, loan agreement, financing statement, or any other agreement Instrument or
<br />docu77e111 executed by Trustor in eonnerl z with the loan evidenced by the Note,
<br />(f) A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed, or any of 'he 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 it such order or pet. %n shall not be discharged b- ,ismissed 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 if 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 />inability to pay its debts as they become due, or shall consent to the appointment of a receiver of all or any pan of the Trust Property,
<br />(h) Final judgment for the payment of money shall be 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,
<br />(i) Trustor shall sell or convey the Trust Property, or any pan 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 />(j) If Trustor is a corporation or partnership and more than fifty percent (50 %) of the shares or beneficial interests in such corporation or
<br />partnership, as the case may be, shag be transferred or conveyed, whether voluntarily or involuntarily, without the written consen• of
<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 clue 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 permr»ed by law, and, irrespective of whether Beneficiary exercises said option, it
<br />may, at its option and in its sole discretion, without any fxr, )�sr notice or demand *.i ar upon Trustor, do one or more of the following;
<br />(a) Beneficiary may enter upon, take possession of, mare;,; .T,*) d opFj.ra�s the Tru�?,Aeoperly or art,./ pan therec, . make repay s and
<br />alterations and 7o any acts which Beneficiary deems p. r, p91 to;; o .;Q;t the se '°j thereof, and either with o! withou? r:,r.,-.y
<br />possession, it own name, sue for or otherwise cola„ ? ; ^d reMve rents, issue;;, and probes• including thcs.!� past due a71 u ;pa.o
<br />9PPtl tha ;`-'170, ieSs co S's and expenses of opE• %w'lt7 and collection, includ o;• reasonable attorney fe, , . n Beneficiary's
<br />G�J .s • `1,9Gr,,� .e lydebtedne:-1 secured hereby and as Beneficiary raj determine flpnnSegi:y �t •�/ flenel,ciary. Tr- -,r
<br />,airr9 shag rnade available to 9enefrciar1 ; try of Me 'last Property which has been removed. The entering upon
<br />raking pas of the Trust Property, fln collection of any tort. r_'u7es and profits, and the app Ito alion thereof as alai zaid, s'<• &l'
<br />nfA cure ar Via•& any default theretofore Of ftreaftor occurring, oa affect any notice of de /a:; z or nonce of sate hereur•d<rr
<br />1nvz4Udal& any act done pursuant to any 10tice. ";o',*iithstanding Beneficiary's cdnonuance in posses ,tin, or receipt and
<br />ipp)natlon of rents, issues c�i pt :r'its, Brmr !r f* s?,;,ru 6 &71itled to exercise eaaV night provided for in .*[:i. 5sed of Trust or by ,a.v
<br />: rycrorattertheoccurrerr:, ar v! anEvertof0efa : "'.ift- 1ki>'ngtheright toexerc,se? ". pG�'er "•Sirle Any 'c. ? ±r,c,acrrurlsreforrodrori
<br />this paragraph may be taken by Bonehc:arl at such InWe as Beneficiary may determine w,rhoui . eyarrt to the adequacy of any
<br />security for tho Indebtedness secured hereby.
<br />(hl He:rebc,ary Shall, without regard to the adequacy of any ,ccurrly for the indebtedness secured here =by, bo entitled rn then
<br />appointment of a receiver by any court having jurisdiction, without 17000, to take possession at, funtort, anel irrasinges die+ brief
<br />Property and opmare, the same and collect thv rents, sues nrirl r•rnfrts therefronr
<br />_ _ Iii rfnnc,r ;�_,�r�• m�,� j,,,n? : ?ny act oi, in any vwq tit curnpereld ur!s••r
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