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90-'10'-047:
<br />1Q ,Cgvatants of Trustor withh Respectta Leases WIVR ufi the prior wrftnen consent of Benagdiuy, Trustor shalfnot d
<br />rectlyorindfrettly, .
<br />we respeat.to arty tease of space in be Th' istPropeity, or any portion thereof, whether such lease is now or hereafter in emsta ce:
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<br />(p) . a'ppm*an ! prep>ilyment; discount'oradvance payment of rent hereunder In excess of one monthi
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<br />wCaneworterminataitmpq ore, or acceptany canceftbon, teimInabon, or surrender thereof, orpermit any event to occur which would , -
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<br />occurtherawderto terminate orcancod the same, other thanWWnation for nohpaymentafrent;
<br />(c) AT &W err the same so as to reduce the term thermt, the rentalpayable thereunder, orto change any renewal provvisions
<br />Mersin ,
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<br />(d) Wave any default thereunder or breach thereof,
<br />(g) 'l" Myca!r Walreror approval Vtereunder& take any odkwacffw in connection therewith, or with a lessee therarmder. which
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<br />-_ - -_ wnufdhavebheellectdlnUJ jtl� — �a�o11b@ S�l� - - -- - = o [t69,QrDpetiltsula{ectlhereto�� tot /mnaidnarim --
<br />pie or�no�rhl�stafF�en _sliciaryythereln,or .
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<br />(O 'S109. asafgn, pfrdQ% merge orofharwiise dispose of, or encumber its Interest in any said lease or any rants, Issues, profits Issuing
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<br />or ant�tihq lheretshder. - - ,
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<br />17. Wafrorof Rea of Lb itmdons'Time is of the essence in aNat Twister's o&gahons and duties hereunder; and to the extent pemWftd
<br />bylaw, Tmftr wMm &N present orft8tne stables ofdmitoWns with respect to any debt, demand or obligation secured hereby and
<br />"for
<br />anyaWon orproceft ft the purpose d enforcing bh�is Deed of Trust or any rights or remedies contained herein. .
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<br />10 Asst rime it of Deposts. In the event construction of improvements is contemplated by the khan evidenced by the Note secured
<br />hereby, as adcillonat security 11WOR re, Th0whereby transfers and assigns Go Beneficiary, all fight, tibe and interest to any and all
<br />monies deposited by or on behalf of Trustor with any c* county, public body or agency, sanitary district, utility company, and
<br />any Other body or agency, for the InstaNeOiorr or to sacra the Instaliadw of any ud#fy by Trustor, pertaining to the Trust Property.
<br />.19. Corpora*n orP&Vm mhtp Fadstence. If Trostoris a corporation, general partnership, or limited partnership, it will do all things
<br />necestsmry► to ptesservaits corporate of party erWO existence. as rte case may be, and all rights and privileges under the laws of the
<br />state of fts krao/poratfon ororgar0atba. 1
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<br />20, FWbearanee by Beneficiary Not a Waiver. Ar}y br bearance by Behef claryin exercising any right or remedy hereunder. or otherwise
<br />afforded by applicable law, shah not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />khsrrance or the payment of taxes or the discharge of liens or charges by Beneficiary s(hall not be a waiver of Baneflciarys right to
<br />accelerate the maturity of the Indebtedness
<br />21. Flemedfes 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 afiforded by law or equity, and may be exercised concurrenby, Independenby or successivety.
<br />22. Successors and Assigns Bound, Joint and Several Uebllity; 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. Ad covenants and
<br />agreements of Trustor shad 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 td interpret or define the provisions hereof.
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<br />23 Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustor provided tar in this-- -
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<br />' Deee `d of Thist shadbe given-by mailing such notice by cei fled 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 matt, return receipt requested, to Beneficiary's and Trustees mailing
<br />addle% 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; Severabfliry. This Deed of Trust she 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 tie conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable.
<br />25. Events of Default. Ea th of the following occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />of Default'):
<br />(a) Trustor shall fall to pay when due anyprincipal, interest, or principal and Interest on the Indebtedness,
<br />(b) Any warranty of title made by Trustor herein shall be untrue,
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<br />(c) Tnrsto/ shall fall 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 misreading,
<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 ban 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 />(1) A trustee, receiver or liquidator of the Trust Property or of Trustor shad 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 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 aft or any part of the Trust Properly,
<br />(h) Final Judgment for the payment of money shall be rendered against Trustor and Trustor shall not discharge the same, or cauAo it to
<br />be discharged, within thity (30) days after the entry thereof, 4r shall not appeal therefrom or-from the order, decree or process upon
<br />which w 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 />(j) N Trustor Is a corporation or partnership and more than fifty percent (WIV 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 />Benefelary 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, if any,
<br />Of forth. In the Note, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercises said option, it
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<br />may, at its option and in Its solo discration, without any further notice or demand to or upon Trustor, do one or Mora 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 taking
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<br />possession, in its.awn name, sue for or otherwise collect and receive rents. issues and profits Including thase paw duo and unpaid,
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<br />and GPptY W. s M6, lip,,., Haan 5-fic n:.VJ of cparev and CO�ufin, including reasonable atturr-t fees arru Barreiiviary's
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<br />costs, upon the Indebtedness secured hereby and in such older 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
<br />taking possession of the Trust Property, the collection of any rents, issues and profits, and the application thereof as aforesaid,
<br />shall
<br />not cure or waive any default theretofore 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. Notwithstanrcng Beneficiary's continuance in possession or receipt and
<br />application of rents, issues or profits, Beneficiary shall be entitleu to exercise every right provided for in this Deed of trust or by law
<br />upon or alter the occurrence of an Event of Default, including the right to exercise the power of sale. Any of the actions referred to in
<br />this paragraph may be taken by Beneficiary at such time as Beneficiary may determine without regard to the adequacy of any
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<br />security for the Indebtedness secured hereby.
<br />(b) Beneficiary shall, without regard to the adequacy of any security for the Indebtedness secured hereby, be entitled to the
<br />appointment of a.receiver by any..court having jurisdiction. without notice-to. take possessiop of, protect. and manage the Trust
<br />Property and operate the same and collect the rents, issues and profits therefrom
<br />(c) Benoficrpry may bring any action in any court of competentlurisdretion to foreclose this Deed of Trust or enforce any or me
<br />covenants horeof.
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