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<br />! 90- 105100
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<br />16 Cova imift of Trustor wio Respect to Leases. VWt outthe prior written consenrof poneficiW, Trustor shall not, direct<y or Indirecty,
<br />ch�khase is th�ot Ihereagec IIiAYIS
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<br />(i),Acceptorpennft anyprepayment discount or advance paymentof rent hereunderin excess of one month.
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<br />(b) .CWXWor fear kM" the same, or accept any cancelladon, termination or surrender thereof, or permit any event to occur which would
<br />occur thereunder to temtlnate or cancel the saM,'other than termination for nonpayment of rent,
<br />(c) Amend or modify the same so as to reduce the teen thereof, the rental payable thereunder, or ro change any renewal provisions
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<br />therelrh oorhtairted,
<br />(d) Waive any, d"* ertAmundw or brpwh thereat
<br />(a) a;vp any cormerht wiilmiae-or a�pprovaf thereunder or take any other action in cwnect%n therewith, br with a lessee thereunder. which
<br />WoWheve die sAlsct ofhnp *fng the value of the lessor's Interest thereunderor the property subject thereto; at of impeldng the
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<br />poaiEkrrh orfnlbtast of Beneciary therein, or - . = ' - ••
<br />M SAN. asalQn, Page, �gW or oherwise dfspese 04' r encumber ft Interest in any said lease w any Hants. issues, profits lssuhhg
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<br />orarlshng thereunder.
<br />1T. Waiver of Statufs of Lknftadohs. Third is of tra essence In all of Trustee's obigaWris and dudes hereunder, and to the extant pennitted
<br />by law, Tnrstb► waives ill present or future statutes of hinitadons with respect ro any debt demand or obAgatron secured hereby and
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<br />- myaacdon or proceeding for do purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />18. Assignment of Deposits. In the event construction of improvements Is Contemplated by the loan evidenced by the Note secured
<br />hereby, as additional security therierore, Trusrot hereby transfers and assigns to Beneficiary, all right tide and Interest to any and all
<br />'utility
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<br />monies deposited �by or on behalf of Tnrstor with any city. county, pubNc body or agency, sanitary district company, and
<br />any othw body or agm3rrcy, for the Instalaalon or to secure the installation of-any utility byTrustar, pertalnfig to the Trust Property
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<br />19 Corporation or Patbhetshlp Edsmwe. IfTrustor is a corporation, genera/ partnership, or limited partnership, it wig do all things
<br />nscossrtry to preserve its corporate or partimsth ip exlCtence, as the case maybe; and all rights and privileges under are laws of the
<br />SO& of its l ►mraorporatlonororganizadon.
<br />20 Forbsararlceby Beneficiary Not a WaMw. Any forbearance by Beneficiary In exercising any right or remedy hereunder', Of otherwise
<br />afforded by appkable law, shelf not boa waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />Insurance or the payment oftexes or the discharge ofliens or charges by Beneficiary shall not be a waiver of Beneflolary'slight to
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<br />actolerste 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 Lfabillty; Captions. The covenants and agreements herein contained shall bind, and
<br />do rights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor All covenants and
<br />agreements Of r e ,rte �$ereral-VIe Mallon 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 provislons hereof.
<br />21 Nodce, 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 codified mail, return receipt requested addressed to Trustor at its mailing
<br />address set forth above or of such other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any
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<br />notice to Beneficiary or Trustee shall be given by certified mail, return receipt requested, 10 Beneficiary's and Trustee's mailing
<br />address stated herein or to such other address as Beneficiary or Trustee may designate by notice to TfUSto/ as provided herein. Any
<br />notice provided forin this Deed of Trust shall be deemed to have been given to Trustor, Beneficiary or Trustee when given in the
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<br />manner designated herein.
<br />24. Goveming Law; Severabiity. This Deed of Trust shall be governed by the laws of the State of Nebraska. in the event any provision or
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<br />clause of this Deed of Trust conflicts with applJCab/e 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.
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<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) Truster shall fall to pay when due any principal, Interest or principal and interest on the Indebtedness,
<br />(b) Any warranty of tide made by Trustor herein shall be untrue,
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<br />(c) Tru$ror 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 Trlrstor on any financial statements or reports submitted to Beneficiary by or on behalf of
<br />Trustor shall prove false or matedaliy misleading,
<br />(e) Trustor shall fail to perform or observe any of the covenants, conditions or agreements contained in, or binding upon Trustorrm,.dsr
<br />any building loan agreement, security agreement, loan agreement, financing statement or any other agreement, instrument or
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<br />document executed by Trustor in connection with the loan evidenced by the Note,
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<br />(1) 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
<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 wilting its
<br />Inability to pay Its debts as they become due, or shall consent to the appointment of a receiver of 811 or any pad of the Trust Property,
<br />(h) Final Judgment for the payment of money shall be tendered 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 />(1) Trustor shall sell or convey the Trust Property, or any pad 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 />G) ii Trustor is a corporation or partnership and more than fifty percent (50%) of the shares or beneficial interests in such corporation of
<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, Beneficipry may, at its option,
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<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, if
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<br />may, at Its option and In its sole 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 Properly or any part thereof; make repairs- aid
<br />alterations and do any acts which Beneficiary deems proper to protect the.security thereof, and eiiirer with or without rah ;rg
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<br />possession, in its own name, sue for or otherwise collect and receive rants, issues and profits, including those past duo and unpaid,
<br />and apply the same, less costs and expenses of operation and collection, including reasonable attorney 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 of 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. Notwithstanding Beneficiary's continuance in possession or receipt and
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<br />application of rents, issues or profits, Beneficiary shall he entitled to exercise every right provided for in this Dodd 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 referrFad tb in
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<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 theJndebtedness.secured hereby.
<br />(b) Beneficiary shall, Without regard to the adequacy of any security for the Indebtedness secured hereby, he ont,tted tv lire
<br />appointment of a receiver by any court having jurisdiction, without notice. to take possession of, protect, and manage the Trust
<br />Property and operate the same and collect the rents, issues and profits therefrom.
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<br />(C) B'eneflciary may -bring any action in any court of competent jurisdiction to foroclose this Dead of trust or enfurce an y.of the
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<br />covenants hereof,
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