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1912353.
<br />16. Covenants of Trustor with Respect to teases. Without the prior written consent of Beneficiary, Truster shall not, 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, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would
<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 />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 lessor's interest thereunder or the property subject thereto, or of impairing the
<br />position or interest of Beneficiary therein, or
<br />:(tj Sell, assign, pledge; mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues, profits issuing
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<br />or arising thereunder.
<br />17 W,a;ver of due of Limitations. Time is of the essence in all of Truwj?s obligations and dudes hereunder, and to the-extent permitted
<br />by law, -Ti rstor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />airy %acilon:or proceeding for the purpose of enforcing tins Deed of Trust or any rights or remedies contained herein.
<br />18. Assi4nrnw9 atDenosits. in the event ceas1fructiorr ofirrip.wvsme-'s is contemplated by the loan evidenced by the lose secured
<br />.hereby, as additional security therefore, Trusto° herby transfers and assigns to Beneficiary. aT right, title and interest to any and all
<br />monies deposilerl by or on behalf of Trustor with any cif, , c^:;rty, zublic body or agency, sanz.4y district utility corrg�arry, and
<br />any other body or agency, for the installation or to -secure the installation of any utility by Truer, pertaintirg to the Tn;st Property.
<br />18 Coiporati0n or Partnership Existence. if Trustor is a crrporation, general partnership, or limited partner^ --, 7. it will do all things
<br />necessary to preserve its corporate or partnership existence, as the case may be, and all rights and piNfieges under the laws of the
<br />state of its incorporation or organization.
<br />20. Forbearance by Beneficiary Not a Waiver. Any forbearance by 8aneficiary In exercising any right or remedy hereunder, or otherwise
<br />afkxded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />rnswence or the payment of taxes or the discharge. ar dens or charges by Beneficiary shall not be a waiver of Beneficiary's right to
<br />accelerate the maturity of the Indebtedness.
<br />21. Remedies Cumulative. All remedies provided in this D eyed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded by law or ecf ml, and may be exercised concutren* fndependentivzrsuccessively.
<br />22. Successors and Assigns Bound; Joinfa: tea' Several Liability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the fesvective successors and assigns of Beneficiary, Trustee, and Trustor: All covenants and
<br />agreements of Truster shall be joint and several. The captions and headings of the paragraphs of this Veen' of Trust are for
<br />convenience only and are not to be used to interpret or define the provisions hereof.
<br />23. Notice. Except ibr any notice requires under applicable law to bn given in another manner, (a) any notice to Truster provided for in this
<br />Deed of Trust shall be given by mailing such notice by certified Mai;; 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, ®eneficlary or Trustee when given in the
<br />manner designated herein.
<br />24. Governing Law, Severabi/ity. 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 vY v: ri's Daa J of Trust which can
<br />be, given effect without the conflicting provisions and to this end the provisions of this Deed of Trust are decl aJi to be severable.
<br />25, Events of Default. Each of the following occurrences steal! 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, 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 Deed of Trust
<br />(d) Any representation or warranty made by Trustor on any financial statements or reports submitted to Beneficiary by or on behalf of
<br />Trustor shall prove false or materially mrsleadNg,
<br />(e) Trustor shall fail to perform or observe any of the covenants, conditions or agreements contained in, or binding upon Trustor under
<br />any building loan agreement, security agreement, loan agreement, financing statement, or any other agreement, Instrument or
<br />document executed by Trustor in connection with the loan evidenced by tha Note,
<br />fj A trustee, receiver or liquidator of the Trust Propsly or of Trustor shall be appointed, or any of the crwJiurs of Trustor shall file a
<br />petition in bankruptcy against Trustor, or for the rEr rganization of Trustor pursuant to the Federal Bankruptcy Code, or any similar
<br />law, whether federal or state, and if such order :e petition shaT r, of be discharged or dismissed within thinly (30) days after the date
<br />on which such order or petition was filed,
<br />r Trustor shall file a petition pursuant to the Fedsr a" Bankruptcy Code or any similar law, federal or star. -, or if Trustor shall be
<br />adjudged a bankrupt, or be declared insolven ?, . :ir shall make an assignment for the benefit of creditors, or shalt admit in writing its
<br />inability to pay its debts as they beco:"ne dui, or shall consent to the appointment of a of all or any part of the Trust Property,
<br />(h) Final judgmant for the payment of mon:/ si^a:l be rendered against Trustor and Trustor shall not discharge the same, or cause it to
<br />be dfscheyivd, within thirty (30) days eh f nT rsx y thereof, or shall not appeal therefrom or from the order, decree or process upon
<br />which or p:�rsaant to wrac.� said judgrler. t ,Ala °.s •_wan ?ed, based, or entered, an d secure a stay of execa ,an pending such appeal,
<br />t�) rr as or a 1"1, ssll or corn.nt',l.. a Trust Prcp a,,JN,. a., wzn)/ part thereof, or any rrim?rost therein, or shall be di,.ested of its title, or any interest
<br />therein, it a.y canner r r way, whether .ra:�:^ � i;� dr involurtar:!y. without the written consent of Beneficiary being Nst had and
<br />obtained air
<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, 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 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 solo 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 the Trust Property or any part thereol; 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 experii&s of operatnurr• and t:uflev on, tiadudory recrsundbfe aliurney fees and Beneficiary's
<br />costs, upon the Indebtedness secured hereby and in such order as Beneficiary 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 the application thereof as aforesaid. shall
<br />not cure or waive any default therefofore or thereafter occurring, or affect any notice of default or notice of sale hereunder or
<br />invalidate any act done pursuant to any such notice. Notwithstanding 8enolictary's continuance in possession or receipt and
<br />application of rents, issues or profits. Beneficiary shall be entitled to exercise every right prodrded rot in this reed of Trust or by law
<br />upon or after the occurrence of an Event of Default. including the right to exercise the power of sale Any of the actions referred ro )'I
<br />this paragraph may be taken by Beneficiary at such: tern as ffen©licrary may determine without regwd to flit., ddUqu.rt V of 4W
<br />security for the lndebfvdness secured herebit
<br />. (b) Beneficiary shall, without regard to the Adei7ula: v of any security for rho Irrryebtedn"S!, � f.( :trail ite'reb.; ve entitle( G ft :o
<br />appotritmere tit a receiver by any roart having lutisoction. witlioul rrotrc[• to rake j.rr,., :E4 ; , r•; r r I t "; ;r ; : in:r r ,ir .t.�, i',r
<br />- _ F'roporty anU vptir;tto rF o :ante anct c oliocl the roils. i s spivs rind {troll;: !rrererrom
<br />'r :l Ifennfiriary rnaj/ army qny A( Garr rrr fitly [Crum rrr r tonporerrt '1.)5t:= th,••. I rr r•,r,t rdr r• i .ir.. , .• ••.,.
<br />I o.(arr;ud•, Nulled
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