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<br />16 Covenants of Trustor with Respect to Leases Without tho prior written consent at P, oneficlary, Trustor shall not directly or indirectly,
<br />with respect to any lease of space in tho Trust Property or any portion thereof, whothor such lease is now or hereafter in existence:
<br />(a) Accept or permit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br />(b) Cancel or terminate the same. or accept any cancellation, torminanim or surrender thereof, or permit any event to occur which would
<br />occur thereunder to terminate or cancel the same, ether than termination for nonpayment of rent,
<br />(c) Amend or modify the same so as to reduce the term lheiNN, the rental paysOlu thereunder, or to change any renewal provisions
<br />therein contained,
<br />.iii (d) Waive any default thereunder or breach thereat.
<br />M (e) Ohre any consent, waiver or approval thereunder or take any other action Or connection therewith, or with a lessee thereunder, which
<br />OD would have the effect of Impairing Me 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 />0 (1) Sek 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 />O" any actb n or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />cola. Assignment of Deposits. In the event construction of improvements is contemplated by the loan evidenced by the Note secured
<br />hereby, as additional security therefore. Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all
<br />rtlorlfes depositedd, by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company,, and
<br />any oMer body or agency. lbr the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Amper ly.
<br />19. Corporation or Postnership Existence. If Trustor is a corporation, general partnership, or limited partnership, it wsll do all things
<br />necessary to preserve .Ys corporate or partnership existence, as the case may be, and all rights and privileges under the lairs of the
<br />state of its incorporation or organization.
<br />20. Forbearance by E'eneficiery Not a Waiver Any forbearance by BenQhpory in exercising any right or remedy hereunder, oredrerwise
<br />afforded by aWficable law, shall not be a. waiver of or preclude the exercise of any such right or remedy. The procurement or
<br />insurance or the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to
<br />accelerate the maturity of the Indebtedness.
<br />21. Rvnedies Cumulative. All npumedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or of rded by law or equity; end may be exercised concurrently. ivde- endenfly or successively.
<br />22. Successors ar d Assigns Bound. Joint aria Several Liability; Captions. The covenants and agreements herein contained shall bind, and
<br />ft rights hereunder shall inure to, the respective successors and assigns of Beriefici try. Trustee, and Trustor. All covenants and
<br />agreements of Trustor shall be joint and several. The co cons and headings of the paragraphs of this Deed of Trust are for
<br />convenience or4;Lrd are. root to be used to interpret'cr define the provisions hereof.
<br />23. Notice. Except kr. airy nonce required un +r, * apRplicabel'aw to be given in another manner, (a) any notice to Trustor provided for in this
<br />Deed of Trust shiill be given by mailing sud.notice by certified mail, return receipt requested addressed to Trustor at ifs mailing
<br />address set torch, e0ove or W 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 altd Trustee's mailing
<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.
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<br />21. Governing taw. Severability. 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 />c4us`e fit ,big deed/ Ar Tn/c! cy- mActts wi}�1 '•'1• p►/tave law, such co-1 Shag wf zN=.t other - -i-ane =+.•i Mr.-_ twain cal Trust -_-Pth its,
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<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 snail constitute an event of defauft hereunder, (hervinaf ear called pn "Event
<br />of Default "):
<br />(a) Trustor shall fe. -to pay when due any principal, interest or principal and interest on the Indebtedness:
<br />(b) Any warranty of title made by Trustor herein shall be untrue,
<br />(c) Trustor shall fail to observe or perform any cf the covenants, agreements, or conditions in this Deed of Trusts_
<br />(d) . AOp representation or warranty made by Trustor on- aciy financial statements or reports submitted to Beneficiary by or on behalf of
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<br />Trr, slor shall prove false or materially misleading, '
<br />(e) Trustor shelf fail to perform or observe any of•the covenants, conditions or agreements contained in, or binding upon Trustor under
<br />arty building loan agreement, security agreement, loan agreement,. financing statement, or any other agreement, instrument or
<br />dioc'ument executed by Trustor in connection, with the loan evidenced by the Naze.
<br />(f) A trustee, receiver or liquidator of the Trust Property or al' Trustor shall be apporited, or any of the creditors of Trustor shall file a
<br />petition in barnkrupicy, against Trustor, ce for the reorganization of Trustor pursuant to the Federal Bankrupiay Code, or. any similar
<br />law, whether'federal or state, and if such order or petition shag not be discharged or dismissed wi'hrn thirty i(30) days after the date
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<br />on which, such order or petition was Tired,
<br />(g) Trusts shall hie a petition pursuant to the Federal Bankruptcy Code or any similar law. federal or state. or it Trustor shall be
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<br />adjudged a bankrupt, or be declared insolvent, or shall make an assignment for the benefit of creditors. or shall admit in writing its
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<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) Finalludgment for the payment of moneys shall be rendered against Trustor and Trusrdr sha b not discharge the same, or cause it to
<br />be discharged. within thirty (30) days after the entry thereof, or shall not appeal trite: e.rorm ar fro m 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 />(,). Trustor shall sell or convey the Trust Property, or any pert thereof, or any interest therein, or shall be divested bf its title, or any interest
<br />therein, in any manner or way, whether vduntanly.orinvoluntan /y, 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 peiraerr (5001.) of the shares or beneficial interests in such corporation or
<br />partnership, as the case may be, shall be transferred or oon.vejfed; whether voluntarily or im; Wwnfardy, without the writren;consent of
<br />Beneficiary being first had and obtained.
<br />26. Acceleration of Debt, Foreclosure. Upon the occuttence 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 />set forth in the Note, or otherwise at the highest rate permitted by lave, and, irrespective of whether Beneficiary exercises said option. It
<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 ilia 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 rejsasis and
<br />alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without 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 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 tho 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 cu!e or waive any default theretofore or thereafter occufr,ng, or affect any notice of default or notice of sale hereunder or
<br />invalidate any act dons pursuant to any such notice Notwithstanding Beneficiary's continuance In possession or recelpl and
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<br />application of rents. Issues or profits, Beneficiary shall be entittod to oxorrrse every right provided for in this Deed of Trust or by law
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<br />upon or after rho mcurrence o1 an Event of 00,3111t rnrlud-f►g the right to eiferclse the power of sure Any of the actioris referred to rrr
<br />,fin t/alaytaph mr ►y f,o rakon by Beneficiary of such line as Beneficiary may dtternuno vnthnfir feq,rfp to tho a(iequavy of any
<br />toe wily Mr the lnrjehtrrrtno; ; sorurod hn_reby
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