|
piiarwrtftenconsentviBerreflciary Tnrs6v�s► iallrrotf;iecelfratn�iirsctTy.. _
<br />—
<br />m* reapoctla any Mmes, of space in fire Trust Property, or any port ion, thereof, whetYhsr sNCh lease fs now o►hereaKer inexistenc�e:
<br />(a) Aaoeptorpem>wftany prepayment, dscountof advance pw~ of mot hereunder In excess of one month,
<br />(b) Cancel or ftn* etle the;seme, or accept any can+ceHdlon, Oftne0on or sunonder thembt, or permit any event to occur whkh would
<br />oecwrthw,miderb wrrmrraer or cancel the same, other [hart temmkfan for nonpayment of rent.
<br />(o) -Amend A the same so as t o reiiucs tlw term e7ereof, the rontal payaft then rider, or to change any renewal proW&Idns
<br />L!
<br />(c# Wimp any difat* twounder or breach ft v&,
<br />(N Gitreart�r oattteant; woawwr or lhwwrdter or rein any other sow ire conrmw oom Uterrw h, or with a Jesseetharsurrow, which
<br />tawnW Awn tutee enter cMrhp. rsko of &o lessor's khbnW dmrwrhdw or the pope* subiect thereto, or otimpalring tlhe
<br />ptu Ww ork*rwdof or
<br />(I) SK atrei ^ pitttro�e4 , so Ors or nftw iMise disperse of, or encrimber it4lnWestin any said iea n or an)rrents. issues, proft issuing
<br />orrarfming VW wrwhdw.
<br />-
<br />i7. a wrof site O of tktrNions Trmet;s of the eessrree in aN of TntsA4r's obWgatfons and duties hereunder; and to the extant permitted
<br />by inv, ThOw w*ww ail prom it or t!w(ttre statutes of Nn>ltati nx with respect to any debt demand or obligation secured hereby and
<br />!
<br />any-lb orproceeaiktg tier alts ptrpose of enforckhg this Deed of Trustor any rights orremtrd oe contained herein.
<br />M I mt memt of Depoob kh the ewntcorrsb xbm of knprovements is co omplated by the krm► eWde_,need by fie Note secured
<br />°.
<br />aft add Oonal3acur* thsrelbre, Trustor hereby b8nsliars acrd assigns rd Sermftft, aA right rifle and interest tb any and air
<br />-
<br />mares depdei Nd by or on behalf of TruslDr with any city, county, pubNc body or agency, savary district utii W company, and
<br />any odhar body or agenry , tsar this kwMadw or to secure tlhe.r'nstatUaoian of any UNNty by Truster, pertalnhtg to trie Trust Property.
<br />fit COtporattlan or P&ONMsNp ExWin ca If Trustor is a corporation, general partrmnNp. or limited partnership, it will do aN Oft$
<br />neeenvy I* pneem ds coiporMb or parttwshrp existence, as the case may rte, and all rights and phyfleges under the laws of the
<br />stab ofitskt woradon ororgmizadon.
<br />2t) Forbearartr,�e► by 8enelFciary Not a Waterer. Any Ambearsvim by tSenefictary in exercising any right or remedy hereunder, or otherwise
<br />aft tied bya pplGcable taw, &half nonce a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />karrarve or die payment of taxes or ft discharge of liens or charges by Beneficiary shat( not be a waiver of BeneOcimy s rfghtto
<br />•
<br />wcaritrW ft maak* of the Indebtedness,
<br />21. Remedies Cumidadve: Al remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of That or aAbrded by law or equity, and may be exercised concurrently, independently or successively.
<br />•
<br />22. Successors and Assigns Bound; Joint altd Several Liability, Captions. The covenants and agreements herein contained shag bind and
<br />-
<br />— - -- - iireri�itsiarsrrtdwan�tmure the respec ve successors anTasssigns o� �erte7�ciary, Tnistee, and Troatnr. Ail covenants and
<br />agreemsift of Truster shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenOnce only and are not M be used to interpret or define the provisions hereof. _
<br />23. IYoOce Except from any notice required under applicable law to be given In anoUrer manner, (a) any notice to Truster provided for in this
<br />Deed of Tnmst shaft 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 Truster 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 of 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 Truster, Beneficiary or Trustee when given in the
<br />manner designated herein.
<br />-
<br />2e. Governing Law; Soverability.. This Deed of Trust shall be governed by the laws of the State of Nebraska In the event any provision of
<br />clause of this teed of Trust conflicts with applkable law, such conflict shalt not affect other provisions of this Deed of Trust which can
<br />be given effect without tine conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable.
<br />-
<br />25. Events of bete A Each of the following occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />_
<br />of Default" ):
<br />(a) Truster shaft fall to pay, when due any principal, interest, or principal and interest on the Indebtedness,
<br />(b) Any wmranty of title made by Trustor herein shall be untrue,
<br />(C) Truster shall fait to observe or perform any of the covenants, agreements, or conditions in this Deed of Trust
<br />(d) My representation or warranty made by Trustor on any financial statements or reports submitted to Beneficiary by or on behalf of
<br />Trustor shay prove false or materially misleading,
<br />(e) Truster shall fad to perform or observe any of the covenants, conditions or agreements contained in, or binding upon Truster 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 />(f) A trustee, receiver or liquidator of the Trust Property or of Truster shall be appointed, or any of the creditors of Truster shall file a
<br />P@6 6W in bankruptcy against Truster, 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 teas filed,
<br />(g) Trustor shall file a petition pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or it Trustof shall be
<br />adiudged a bankrupt, or be declared insolvent, or shall make Fir► assignment for the benefit of creditors, or shall admit in wnting its
<br />inability to pay its debts as they become due, or shall consent to the appointment of a receiver of all of any part of the Trust Property,
<br />(h) Finaliudgment far 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 of 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 />(1) 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 />Unerefn, 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 />.
<br />par&wship, as the case may be, shall be transferred or conveyed, whether voluntarily or involuntarily, without the written consent of
<br />EfOMficiary +in-, first had end obIme ned. th
<br />26. Acceleration of Debt: Foreclosure- Upon the occurrence of any Event of Default. or any time thereafter, 6onefrciary may, at its option,
<br />declare aft the hidebtedness secured hereby immediately due 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 rare permitted by law, and: irresnectiva cf whathaf Raraficiaryeltercises said option, it
<br />._-
<br />rftA�_ Qlt: �t!! Y! �fl21LY��l2IC\ f.' lllrll[tlIltF�ri- r17F:QFTQ?±I`R lTf1JQRf?lTl�tl�(V �17fTVT�i�ov�vlljrS �FrfFB
<br />(a) Beneficiary may enter upon, take possession of, manage an0 operate the Trust Property or any part thereat, make repairs and
<br />alterations and do any aC(S which Beneficiary degms proper to protect the security thereof, and either with or without taking
<br />possession, in its own name, sue (Oro., otherwise collect and receive runts, issues and profits, including those past due and unpaid.
<br />and apply the same, less costs and expenses of operation and collection including ieasohati/e attorney fees and Berehcrary's
<br />casts, upon the indebtedness secured herobv and in such order as Beneficiary may determine. Upon request of Beneficiary. Trustur
<br />shall assemble and shall malt& aviplable to Beneficiary e_ny of the Trust Propvrty-which has been removed The erter.•ng upon and
<br />taking possession of Me Trust Property, the collection of any rents. issues and profits. and the application thereof as aforesaid, spell
<br />#
<br />not Cure or wa'vg any dyfauff theretofore or thereafter occurring, or affect any rotrce of defaLit or rotrce of sale hereunder of
<br />invafidate tiny act done pursuant to any such r tca i'latwrthstand,ng geneftciary 's ccntiruonce irf pessessren or receipt ancr
<br />ttppl eaL"on of rents, issues at profits, Beneficiary shall be entitled to eruicisg eve. +ry ,Jytir pro a(c v f f,-*; in rtris Deed o° Trust oy bi iaw
<br />upon or Offer the occurrence ofen Event ofpofauit, including the t gw tv exerese me powe, cr sale Ary of trye action, referred Jrr•
<br />MrS paragraph may bg taken by'6dA6fieraiV of S cR irme' a_ E3enetrcia�y may o @t!�rh?rr� ,Yet! L'u' rt t�;:Id, tU fhf+ advQuary Uf cony
<br />V
<br />security for the Irdebtedt;ess secured hereby
<br />(b) Sertef"crafy shX!, vrithoul regard to the adegiiac of ant secur•ty fur me secured itc!t i,,. t,v =r: , JrVd r, • 1'7+: .
<br />appoir?totGi}tc'`3reeotierb anyciourth3Jin. [If; }'(} t''v'rt .itf`•:isii IJU�C:B rn 'tc?irn .', ^ ^n-c��n7 .r f`ct t f t
<br />�i Poss J„ -t F r3- _- . . {!:J r1i t: J,i:1sJ Ii•( rU�
<br />±'rrGAIMi anti upolara the Same a,rd cC-itect 070x fcnrs. issues anti f rV `l S rhgr�,lrpm
<br />!cf Eierefie air m:7y bnrs� any +JUrh +,� 1..,.,,_ .
<br />tctr,:n th �+ i C Cf CC *n >tJc�fC"if UrrSd t. r g,- t ,y ; =-:f
<br />to,errarfs frerEUt '
<br />
|