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<br />90--105349
<br />+ 16 Coverwo Of Thaw with t to Leases. Without the pnbr written consent of Beneficiary, Trustor shall not, directly or indlrwNy,
<br />wo respect b any "not space M fine Trust Property, or any portion thersol, whether such lease in now or herealtor in existence:
<br />(a) Accept or penal► any propsytimft discount or advance payment of rent hereunder in excess of one month,
<br /># ' (b) Cancel or two*" the acme, or accept any cancellation, termination or surrender thereof, or pwWt any event to occur which would
<br />occur thereunder to to minote or cancel the same, odor than termination for nonpayment of rant,
<br />(o) Amend
<br />r�� the own no as to reduce the tens Owed, the rental payable thereunder. or to change any renewal provisions
<br />Of (d) Wale any d*W* fhenurxW or breach gored,
<br />1 (y Give any consent, waiver or of dnnundar or take any other action In connection therewith, or with a lessee dwo under, w/Nch
<br />j would have to afdeot of IMP =Me the value of the lessors interest thwoundar or the property subject thereto, or at Ampairing die
<br />posom or i"eat of Aare GINY O"n. or
<br />(I) SON ASSIgN, pkdge, rtsollppe or odrerwite dispose of or encumber /ter Interest In any said lease or any rents, issues, profits Issuing
<br />or wMV thereunder '
<br />I A Wafvw of Stan" of Lka►tedome. Time As of the essence in all of TrusGaPS obNgatiarm and dudes hwourdler. and b the extent pemNtted
<br />by few, Maier wMIM 411MOMM or Ad" staltMos of NmiWbns wktr respect to any debt demand or obipadon secured hereby and
<br />any aclfon or proceeding Aar the purpose of enforcing this Deed of Tmat or any dgflts or remedies corntsWed heneirt.
<br />ter: of Depoalts. In Me evert corrsbucdon of improvements is cawftw~ by fine loan evidenced by the AM* secured
<br />as additiwatsee:wiry Meaebre. Tna(or hereby tnnalere and assigns to BaerseEiciary. ail right, title and inlwrse Mary and all
<br />naeries deposited by or on bWW of Trustor with any city, county, pubic body or agency, sanitary dishictL udW company, and
<br />any other body or agancy. tier the installation or to socure tee installation of any a dliWy by Trustor, pertaining to doe Trust Properly.
<br />19 Corporation or Partnership Existence. N Trus(nr is a corporation, general pamorship, or limited partnership, it will do all things
<br />necessary M nits or corporate partnership existence, as the case may be, and ate rights and privileges under the laws of doe
<br />a" of Ift 20. Forbearance by Beneficiary Not a Walver. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />oNorcled by sppNaable law, shall not be a waiver of or pnock de the exercise of any such right or remedy. The pro curement of
<br />insurance or do payment of taxes or tie discharge of Mere or charges by BeneNdary sham not be a waive► of Benefciary's right to
<br />accaletatt tine maturity of the Indebtedness.
<br />21. Remedies Cum ulAdve. AN remedies provided in this Deed at Trust am distinct and cumulative to any other right or remedy under this
<br />Deed of That or aAOrded by law or equity, and may be exercised concurrently. independently or successively.
<br />22. Sluocessars and Assign Bound: Joint and Several LiaMly; Captions. The covenants and agreements herein contained shall bind. and
<br />Ow rights herwander shah inure to, ten respectivo successors and assigns of Beneficiary. That". and Tmwor. AN covenants and
<br />agnmnim —1 ' r a� shelf trot to ba several. The and Pro vi�s o>s root �'� a flax Dowd a Trust an for
<br />21 Notice. Except tra7 any notice required under appkc" law to be given in another manner. (at any notice to Truslor provided its► in Wo
<br />Deed of Trust shall be given by moiling such aodco by cotMed mail, return receipt requested addressed to Trustor at its m&%ng
<br />address sat forth above or at mxh other address as Trustor may designate by nonce to Beneficiary as provided herein, and (b) any
<br />notice to Sonefk/ary or Trustee shell be given by cerdNed mail, Mum receipt requested, to Beneficiary's and Trustee's maiMng
<br />address stated )Web or to such odor address as Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any
<br />ncNee provided for M this Deed of Trust shall be deemed to have been given to Truster. Beneficiary, or Trust" when given M the
<br />mane designated herein.
<br />24. Governing Law; Seve►aWly. TMs Decal of Trust shall be governed by the laws of the State of Nebraska In the event any provision or
<br />cle We of this Deed of Trust conffs with applicable law, such conflict shall not affect other provisions of Pus Deed of Trust which can
<br />UP given effect witltout the conflicting provisions and to this and the provisions of this Deed of Trust are declared to be severable.
<br />25. Events of Defa)A Each of the following occurrences sham consblute an evert of dot" hereunder. (horeft ter cabled an ' •Evert
<br />aOWault" j:
<br />(0). VU*V shah late to pay when due any principal, interest, or principal and Interest on the /ndeb adness,
<br />(b) A w wwranry of Mb made by Trustor hersin shall be untrue,
<br />(e) rira *& sholl fail to observe or perform !hy ar tie covenants, agrttemtents, or con,7+Du7vls #11 ghls .Deed of Treat.
<br />(d) Any reprsi ,,m on or wane ty made ba' 7ruslor an any flnarrdd Sttttetraotts or reports subrni.7ed to BoneNcrary by or Ora ,DehaN Of
<br />Trwlo► s W wove false or materially fouaading.
<br />(e) Trustor shall fag to pw* mn or observe any of the covenants, coed eons or sgrov -4nts contained in. or binding upon Tnntur under
<br />any building loan agreement secwity agreement, ban agreement hnancln p su rt-si bent or any other agreement. irubument or
<br />document executed by Trustor M connocqun with the ban evidenced by the Note.
<br />(9 A trustee. rmcatw or Nquldato► of the Treed Property or of Tmstor st;rta be appointed. or any a# Me creditors of Trustor snap bit a
<br />petition in ba iAvpky agWinst Truster, or !b► the reorganization of Trustor pursuant to tle Fonir)ral Bankruptcy Comw or any similar
<br />low. whethwAYAeral or state, and N suet) order or peblim snarl not be discharged or dunussee widen parry (30) days alter to date
<br />on which such order or peaftlar was hid.
<br />(g) Trustor Shall file a pOW pyurrwfant to the Federal Bankruptcy Code or any slay w law. federal or state, or it frusta shall be
<br />adf x pad a barAmpt, or be declared Asolwrt, or shah make an away+ rr*nr for ten benefit tv creditors, or shall adrrnt rn writing its
<br />kmbWV to pary" 48 debts as they becorr* ow, or sham consent to on appointment of a r"Vow• of ate or any part of the rn;rnr. Property,
<br />(h) F MAlludgme►t for rite paynWF of mM0n shall be rendered against Tnistor cool Trustor sham not discharge the same, or ::;arse it to
<br />be discharged. within My (20) days after the envy tlnereol, or sham not sppeau ff' wohom or from the order decree or process upur,
<br />Mich or pursued to which sand /udgnr N was grwramJ, based. or enter". enc. .:&-.lcure a stay of execution pending such appeal.
<br />(i) ThMW shah sell or convey to Trust Prptiietty, or any part thereof, or any interest tUAwprn, or• shall be divested of its ids. or any interest
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<br />Mervin. In any manner w way, wheahw wountanly or involuntarily. *Wow rite wMW cornslortr of Benehaary being first had and
<br />j obtained. or
<br />j () it Trusbr is a corporation or parbsrsh►p and more than fifty percent (50% of inn ..mares or beneficial interests in such corpor~ or
<br />1 .,....w�...q.... wry vw� .r`�y u., p� vi wavw+w.awi .omman:r A rnYOti;frrfellty, wrii+out OR wrawn aonsenr of
<br />BsruMlCiary being first had and obtwwd.
<br />28. uticcelerafiorr of Debt; Foreciosure upon ten occurrence of any Everts of Derawa►. or any tare thereafter. BerAWlcuat ry mare, er its a plan.
<br />!i declare all Me Indebtedness secured oreby immodlatMy due and payable and go Some soma bear interest at Me der'aurY rate. of any
<br />ale f M in dr. Nate. or odte VMW at the highest rage Permitted by law. ara wneapecwo of whether Beneficiary exercises said option. t
<br />may, at Me Option and in As sole dacrebon, without any further nonce or demand to or upon Trustor, do one or more of the following.
<br />(q) BeneNeiary may sale upon, take possession of, manage and operate the Trust Property or any part thereof, make repairs and
<br />aNwaOOrss and do any acts which BeneAruary deems proper to protect fen security therwl. and either wuth or without falling
<br />Possession. in its own name. sue for or otherwise contact and nceive rents. ussues and profits. ,rsctudrng thaw past due and unpaid.
<br />j and apply the san*, less coifs and o4mmoa of operabon and comeCbw, nncludmV ro"watae aftorrwy tees and Somboary s
<br />cotes. upon Me indeblodfreaa secured hereby and in such order as BonekCuary may dotemwne (Upon request of Ber>.hc ", Trusto►
<br />shah assemble and shah make available to Bterrokwy any of der Trust Property whets has been removed The catering upon and
<br />`. taking possession of the Trust Property, rise coMecbon of any rents. issues srW probts. and the appkcaborh &Wool as aab+esaud. shall
<br />(i not cure or wafer any oWauk theref0bre or thenaNw occumng, or affect any notice of default or notice of sage henwnder nr
<br />irwabdate any ate done pursuant to any such nobCe AW*Whstersdwng Benefciuy s co►►wwarrce on possession w rvice+pt and
<br />appkeebon of rents. issues or ProM9. Benehclary ,Chem be endued to exert-mt evNry night rwoviaod Ant at fhrs oeaxl tr/ trust r v by Is*
<br />upon or alter the occurrnrwo of an Evert at Default rrKludeV the rrghf to pierVbti the I.0 Kt'r 0 ;,1Ie Arlin. M the it hurls rarlerra,IF.
<br />Me pars~ may be taken by Benefici" at sun bnw as &Wwlrcrary may Ws &Mane N.Ihtwr reywo to tho altloquet y ut unr
<br />swtk* br the Mdebredness secured hweby
<br />(b) Ben@kQW shay, without regard b der adequacy of any se:unty for tie 0%W110tpress secured rwrebr he enldfar i ru tho
<br />appow"ont of a receive► by tiny cat having furesdrt:hore without nWfce. rut rake pis sosruun of pr „tea r :m,► rnanatpt. tern t r,r .f
<br />ptope►ty and t111erete the yan►e and collect the tons%. issues aril jitufrrs thMehllnr
<br />doh Sortefie+ary may bang ,illy in any ftWrf of t iwnllert.nlµrfrStbl I'm its hwNt :, J.0 Ir .. 14'va ,.r rrubr ..r t•nh.r, ,. d •r tap
<br />c0i"onints hereof
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