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<br />16 Covenants of Trustot with Respect to teases Without the prior written consent of Aonohciury, *vstor Shan not directly or indT fly.
<br />witn respect to any lease of space in the Trust Prope•ty, or any portion thereof. whether such lease is now or hereafter in existence'
<br />(A) Accept or permit any prepilynivnt, discount or advance payment of rent nereutidef u1 excess of one month,
<br />I bl Cancel or terminate the same. or accept any cancellation, termination or surrertdcr thoteol, 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 rnodity the same so as to reduce the term thoroof, the rental payable hhgrounder, or to change any renewal provisions
<br />therein contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(9) 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 o1 irnparnng tiro 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 />(f) Sell, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues, profits issuing
<br />or arising thereunder.
<br />17. Waiver of Statute of Limitations. Time is of the essence in all of Trustee's obligations and duties hereunder; and to the extent permitted
<br />by law. Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />any action or proceeding for the 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 secunry therefore. Trustor hereby transfers and assigns to Beneficiary, 811 right, title and interest to any and all
<br />monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and
<br />any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. if Trustor is a corporation, general partnership, or limited partnership, it will do all things
<br />necessary to preserve its corporate or partnership existence, as the case may be. and all rights and privileges under the laws of the
<br />state of its incorporation or organization.
<br />20. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any r,•ght crre+medy hereunder, or otherwise
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or rea;e�A: The procurement of
<br />insurance or the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a we. -ver of Beneficiary's right to
<br />accelerate the maturity of the indebtedness.
<br />21. Remedies Cumulative. All reithedies provided in this Deed of Trust are distinct and cumulative to any othe 't 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 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
<br />agreements of Trustor shall be pint 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
<br />Deed of Trust shall be given by mailing such notice by certified mail, return receipt reque&VO addressed to Trustor at its mailing
<br />address set forth above or at such other address as Trustor may designate by irzoace to Beneficiary as provided herein, and (b) any
<br />notice to B4tsri?hoialy or Trustee shall be given by cetified mail, return receipt requested, to Seneficiary's and Trustee's mailing
<br />address OONd herein or tee such other address as Beneficiary or . stee may designate by notice to Trustor as provided herein. Any
<br />notice prowWod 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. Croveming Law., Severability, This Deed of Trust shaft be anvarnad by rhQ laws of the State of Nebraska. In tha Avant any pi!vyicinrl or
<br />clause of this Deed of trust conflicts with applicable law, such cnin itct shall not affect cthar provisions of this Deed of Trust which can
<br />be given effect without the conflicting prcvisions and to this end the provisions of this Dead 0 Trust are dectarod to bo soverable.
<br />25r, Events of Deftu1t. Each of the following occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />of Default''):
<br />(3)' Trustor shall fail to pay when due any principal. Interest, or principal and interest on the indebtedness.
<br />(b) Any warranty of hile made by Trustor herein shall be untrue,
<br />(c) Trustor sttW, fail to observe or perform any of the covenants, agreements, or 'renditions in d7is Deed of Trust.
<br />(d) Any representation or warranty made by Trustor on any financial staternerrts'erreports submitted to Se reficrary by or on behalf of
<br />Trustor shall prove false or materially misleading. .
<br />(e) Trustor shall fail to perform or observe any of the covenants, conditions or ag:rcements contained in.' or "ding upon Trustor urorer
<br />any building loan agreement, security agreenierr.., ;oan agreement, financing statement• or any other al7eement instrument or
<br />document executed by Trustor in con:;ectior� wt•,"r the loan evidenced by the Note.
<br />(1) A trustee, receiver or liquidator of the rrust Fropery or of Trustor shall be appointed, or any of the creel tors of Trustor shall file a
<br />petition in bankruptcy. against Trustor, or for the reorganization of Trustor pursuant to the Federal Santruptcy Code, or any similar
<br />law, whether federal or Mate, and if such orderer petition shall not be discharged or dismissed within :hir7y (30) days after the d°a?e
<br />on which such order or petition was filed,
<br />(g) Trustor shad file a petition pursuant to the Federal Bankruptcy Code or any s:rrnlar 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 appoirrrrment 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 ro
<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 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 />W. It Trustor is a corporation of partnership and more than fifty percent (50%) of the shares or beneficralm. "erests in such corporations ar
<br />partnership, as the case gray be. shall be transferred or conveyed, whether vaa'4•7tanly or involuntarriy, without the written caner,f of
<br />Beneficiary being first had and obtafnec.
<br />26. Acceleratiml via' f Debt, Foreclosure. Upon the occurrence of any Event of Defau:r. or any fln>^e thereafter. Beneficiary may, at its option,
<br />declare all V* Indebtedness 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 rate permitted by law, and, irrespective of whether Beneficiary exercises said oiclabn, it
<br />may, at its option and in its sole discretion, witftftt any further notice or demand to or upon Trustor, do rare of more of the following,
<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 thereCA'and either with or witlaWt 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 expenses afcperaton and collection, iaauding:reasonable ancmey.!ees and Beneficra'rr's
<br />Costs. upon the Indebtedness secured hereby and in such order as Seneflc.iarie aray determine. Uprl,? ,Tp. -7i vest cf Renef(claly, 1'lustor
<br />shall assemble and shall make available to 8eno rciary any of the Trust pro po_ify wPzich has been removed The e.:-ierrng upon and
<br />taking possession of the Trust Property, the orn'/iection of any rents, issues T.n! profits. and the application lherery9 ms aforesaid, shall
<br />not c_,re ae waive any default (heretofore or ?bvteafler occurring, or affect arryr.,1ot1ce of default or notice of sale hereunder or
<br />itrv8fid'6te nny act done pursuant to any such nf/?c4 Notwithstanding Benel +�rary's continuance rn possession or receipt and
<br />application of rents, r5, 4jes or profits. Benohoily r shall be entitled to exercise every right provided for ,n this Deed of trust of by law
<br />upon or after th(t occ•u ^rence of tan Event of Default. including rho right to exercise the power of .sale Any of rhe aC trans rofeirva to rr)
<br />th,9 ptffaytaph may be taken by Beneficlary at such time as Beneficiary may deturmine w,ihvuf re gat(i in the arfert(iar y I,f do y
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