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9 1050110
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<br />CVWM is of TMStbr with Respect10 Lgase& Ylf hm the prior warren consent of Beneficiary, Trustor shaft not, directly or indirectly,
<br />wftmpectto any tease ofspaca in the Trust Property. or any poftn thereof, whether such tease is now or hereafter h7 existence:
<br />- (a) .Acceptorpemrkanypmpayrnent discount oradvance, paymeptof rent hereunder 10) excess ofone month.
<br />(b) Cancel cr fermiMnate Me same, or accept any cancellation, termination or surrender thereof, or parmit any event to occur which would
<br />occur thwounderto terminate or cancel the same, other Man termination for nonpayment Client
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<br />(c) Amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to chan.4e an )r renewal provisions "
<br />• therein oormtstited.
<br />(d) Wailes any default Fhereunder or breach thereof, :
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<br />-_(e) Glensamr Comem wabworgapflaatdt moderor left anyotheradninjC"Ma rrtherewith ,orwithalesseethereunder. which
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<br />. - �irouddhave e7�CtoiTai%iaTnrtgi ffie va�Tue —ia tfieTessar'linterest fiierettn— a&brffte prapeity! subyeattl erwu,- arottngWring: tfie - - - --
<br />po&Wm or interest of Beneficiary therein, or
<br />(f) Sell, assign, pbdge, mortgage or otherwise' dispose of, or encumberits interest in any said lease or any rents, issues, profits issuing .
<br />orarbing thereunder.
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<br />17. Waiver of statute of Limitations. Time is of the essence in ail of Trusters obfigalions and duties hereunder, and to the extent permitted
<br />by Iari; Trussor worries aK present or future statutes of>�imitations wfdr respect ro any debt demand or obligation secured hereby and
<br />any action or proceeding ffor the purpose of enforcing Mis Deed of Trust or any rights or remedies contained herein.
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<br />18. Assignrentof Deposits In the event construction ofimprovements is contemplated by Lt a loan evidenced by Me Note secured
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<br />hereby, as additional secumty Merelbre, Trustor hereby transfers and assigns to Beneficiary, aft right title and interest to any and aft
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<br />monies deposited by or on behalf of Trustor with any city, county. public body or'agency, san ary district utility company, and
<br />pny other body or agency, for M9 Installation or to secure the installation of any utility by Tnistor, pertafning to the Trost Property.
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<br />!9. Corpora W or Pardieiship F.idstence. iiTiristor is a corporation, general partnership, or runited-partimershfp, it wr7f da aff M!ngs
<br />neeesmy to preserve its corporate or partnership existence, as the case may be, and a:f rights and privileges under the laws of the
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<br />state of its incorporation or organization.
<br />20. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficlary In exercising any right or remedy hereunder, or otherwise
<br />afforded by applicable law, shalt not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />insurance or the payment of taxes or the discharge of Ifens or charges by Beneficiary shall not be a waiver of Beneficiary's rigf:t to
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<br />accelerate the maturity of the Indebtedness.
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<br />21, Remedies Cumulative. All remedies provided In this Deed of Trust are distinct and curnurative to any other right or remedy under this
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<br />Deed of Trust or afforded bylaw or equity, and maybe 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 />the rights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor All covenants and
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<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
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<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
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<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; Severabiliry. This Deed of Trust shall pe govemed by the taws 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 or principal and interest on the Indebtedness,
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<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 misleading,
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<br />(e) Trustor shall fail to perform or observe any of the covenants, bonditions 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 the Note,
<br />(fj 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
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<br />petition in bankruptcy against Trustor, or for the reorganization of Trustor pursuant to the Federal Bankruptcy Code, or any similar
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<br />law, whether federal or state, and It 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 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 part 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 convoy the Trust Property, or any part thereof, or any interest theroin, 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 />(l) 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,
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<br />sot 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;
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<br />'(a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any part thereof, make repairs and
<br />alterations and do any acts which Beneficiary deems proper to protect the security thereof and either with or without takmo
<br />It+■r, rrr his un-11 r�+m -± sue fps arts pfv ice ^^itel t 3't{'F la_gnrn mrrtm;, rccpac r*rj Iry � i. ^.cf rdc7g 'eso p3vtvm.v c% ^.v 7JnpJiCt.
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<br />and apply the same, less costs and expenses of operation and collection, including reasonable attorney fees and Beneficiary's
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<br />costs, upon the Indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor
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<br />shall assemble and shall make available to Beneficiary any of the Trust Property which has been removed The entering upon and
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<br />taking possession of the Trust Properly. the collection of any rents. issues and profits, and rho application thereof as aforo5ard. shall
<br />not cure or waive any default theretofera or thereafter occurring, or affecr arty notrco of default or nottce of sale hercrunderV!
<br />invalidate any, act done pursuant to any such notice f+ toNvithstand,ng Berioficrary s continuance in possession o! iace:pt and
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<br />aphitcehon of vents, issues Or.piof,ts. Beneficiary shall Lie owitivd ter exorc +sv every right rrovidvd for to this need of Trust nr may lair
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<br />upon at titter the accunence of an U,,unt of f)efautt. inCR;d.nt3 the rigrit to exercise the potver'of sari, Anv of !ht- actions refetred to rf*
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<br />this piaraQraph may be taken by UNteficiary at stich tilriL i& 8ent;h -ciary fray d6folf1mv Vvithalit r(_gJdl l fu Y.6 azlequacy Qf at)�
<br />security for the Indebtedness secured hereby
<br />(b) Beneficiary chaff, wtttrput roytrd to flit, i7dogfIaC-v of rhv Set urrtV fur fir( Irr�]( r.'(,unE..• y s! , u (,! m r� p� tit, t= ,Dried ;,, iht•
<br />nfrnpr +i n► Fi t(+r E,Ver by ir ( ; rrY f( r,•., ;r Lt im0 •n it, fill, fill, t.,r,.r
<br />111(oporty anti Opt are tire, Sanity (1+ +(1 c (!rrt•t I Ihrr
<br />Ic') if(rn(rlrl , ;rly mat hN! +tf lily ac!,(.rr nu .tart t_Quff (,f C r'tnit( lurlt itrnS((,. lint, r,., fo! •• _ _. ,r. Lic i- ,,r 1,., .• •,r , :r art t, ;t,:r + #...
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