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<br />1¢. Covenants of Trustor with Respect to Leases Without the prior written consent of Beneficiary, Trustor shall not, directly or Indirectly,
<br />with ra speet to any lease of space in the Trust Property, or any portion thereof, whether 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, termination or surrender thereof, 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 modify the same so as to reduce the terra thereof, the rental payable thereunder, or to change any renewal provisions
<br />therein containod,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Clive 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 of impairing the 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 />(I) 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 />1T. Waww of Statute of Limitations. Time is of the essence in all of Trustor's obligations and duties hereunder. and to the extent permitted
<br />by law. Thator waives all present or future statules of 1im(10hons with respect to any debt, demand or obligation secured hereby and
<br />any acbm or proceeding for the purpose of enforcol this Deed of Trustor any rights or remedies contained herein.
<br />10. Assignment of DepWb. In the event consimcbm of improvements is contemplated by the loan evidenced by the Note secured
<br />hereby. as addOonal security therefore. Trusta>r hereby transfers and assigns to Beneficiary , all right, title and interest to any and alt
<br />monies deposited by or on behalf of Trusts with any city.• county, public body or agency, sanitary district, utifity company, and
<br />any other body or agency, for the installation or to secure The installation of any uhfity by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. h Trustor is a corpompon, general partnership, or limited partnership, it will do all things
<br />necessary to presene 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 forbea►anrr, by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />aftbrovd by applicable law, shall not be a waiver of or ,preclude the exercise of any such right or remedy. The procurement of
<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 time mnaYutfly 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 Taist or afforded by law of equity, and may be exercised concurrenrk, independently or successively.
<br />22. Stievessors and Assigns Bound. Voint and Several Liability; Captions. The covenants and agreements herein contained shali bond, and
<br />the aci!ws thereunder shall Intrre Yo, the respective successors and assigns of Somalia, a•,y, Trustee, and Trustor. Aft covenants and
<br />agreements of Trusilar shall be jdht and several. The captions and headings of the paiagraphs of Mis Deed of Trust are for
<br />convenience only aind are not to be used to interpret or define the prorvis.ons hereof.
<br />23. Notice. Except for any notice required under applicable law to be grvert in another manner, (a) any nonce to Trustor provided for in this
<br />Deed of Trust shall be given by mailing such notice by certified mall, return receipt requested addressed to Trustor at its mailing
<br />address set forth above or at such other address as Trustor may designate by nobco 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, to Beneficiary's and Trustee's mailing
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<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 beer, given to Trustor. Beneficiary or Trustee when given in the
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<br />manner designated herein.
<br />24. Governing Low, 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 />clause of this Deed of Trust coriflicis with applicable law, such conflict shall not affect other provisions of this ,Geed of Trust which can
<br />be given effect without the conlif ",lag 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 occu mences shall constitute air went of default hereunder, (hereinafter called an "Event
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<br />of Default "):
<br />(a) Trustor shall fail to pay when due any principal, interest, or principal and interest on the Indebtedness,,,w.
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<br />(b) Any warranty of tide made by Truslor herein shall be untrue.
<br />(c) Trustor shall fail to observe or perform any of the covenants, agreements, or conditions in this Coed of Trust,
<br />(d) Any representation or warranty made by Trustor on any financial statements or reports submrgea to Beneficiary by or or, 3ehad of
<br />Trustor shall prove false or materially misleading,
<br />(e) Trustor shall fail to perform or observe any of the covenants, conditions or agreements contained in, or binding upon Trustor under
<br />any building ban agreement, 3ecunty agreement, loan agreement, financing srarQ+r+ent, or any other agreement, instrument or
<br />document executed by Trustor in connection with the loan evidenced by the Nov
<br />(1) A trustee, receiver or liquidator of the Tr rs7 Property or of Trustor Val/ be appointed. or any of Fn,P creditors of Trustor Xr.a /i hl& a
<br />polition in bankruptcy against Trustor. or for the reorganization of Truslor pursuant fn the Feavra: Bankruptcy Code, or any similar
<br />law. whether federal or state, and d such older or petition shall not be dischergeu or dismissed within thirty 130) days alter the date
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<br />an which such order or pebtrom was bled.
<br />(g) Trustor shall file a petition pursuant to the Federal Bankruptcy Code of anv stnh'a, Aw, federal or state, or if Trustor shall be
<br />adjudged a bankrupt, or be declared insoo,•erit. or shell make an assigninent for me benefit of creditors, or shall admit or wahng its
<br />inability to pay its debts as they becomov :,. e, or shall consent to tlif., aacotntment of a receiver of all or any pan of the fiyus: Property.
<br />(h) Final judgment for the pawamemr of Money grad be rendered against Trustor and t^, stor shall not discharge the same, or cause it to
<br />be 14kscharged, within thirty r3^ days alter rte errtrh, rl °,P•er1f, or shall not appear ".,,e [Thom or from the ordOir aecree or process (sown
<br />irwtoch or pursuant to which ;swc ,udgitWer was y'rdrat Oased, or entered• and re, ore a stay of executiare ,.)(riding such appeal
<br />(1) Trustor shall so# or convey Pre Trust ProfVf*;o cr any part thereof, or any interest therein. or shall be diveoled of its tale. or any mteres.,
<br />therein, in any nmannw of way, whether Joluntanly or involuntarily without the written consent ,Y Servelicraly being first had and
<br />obtained, or
<br />(u If Trustor is a corporation or partnership and more than fifty percent r 50'.) of the shares or beriew,ciar mvN P zlt in such c0row8finn or
<br />partnership, as the case maybe, shall be transferred Or conveyed whether voluntarily or involunlartty, -A,7 +p,! - me written consiim 01
<br />Beneficiary being first had and obtained
<br />26. Accelershon of Debt, Foreclosure Upon the occurrence of any Event of Default. or any fire, t'r weafter Berief•crary,• may ar its option.
<br />declare all the Indebtedness secured hereby immediately due and payable and the same s haV, tsar i4vtwest at the default rate, it any.
<br />set forth in the Note, or otherwise at the highest rate permitted by law. and. irrespective of wrrernav Oomerrc,ar'w exercises said option. it
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<br />may, at its option and in its sole discretion, without any further notice or demand to or upon rrusry l7n ,.)tie! or more of the following.
<br />(a) Beneficiary may enter upon, take possession of. manage and operate the Trust Property or any part thereof. male repairs and
<br />alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without rektrq
<br />possession, in its own name, sue for or otherwise collect and receive rents, issues and prolrls, including those past due and unpa,o.
<br />and apply Me 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 older as Beneficiary, may determine Upon request of Beneficiary. Trustor
<br />shall assambie and shall make available to Beneficiary any of the Trust Property which has been removed The entennq upon and
<br />taking pOSSets+Wa tl! Hie Trust Property, the Colk3CUUn of any rents issues And p►nfi}S unrl t ►ter ,ippr� cation thereof ,#% ,rlpreSard tiha�
<br />not cure of waive any default theretotwe co, thereafter oucuirtnq. or affect any notice of defou r or rprt,ce tri ,ale howurrdel rlr
<br />invalidate any act done pursuant to any such r•trtrce Notwithstanding (ferret; nary s i ontr "uanr a J, lxrtisess,orr rrr rth�e,pt end
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<br />application of rents. issues W profits. Benelic,ar`- ;hair be enrtied to, evert , w fit ery tight p,m aye a In, .,, tli,s Oeva ,,1 Tr„%t , v tit ,.ter
<br />uponW after the mcurrence of an Ei ent of Velaulr. #inludrr•y the right h• t-hen -#w rite, rw,A,,, . + •• A•,r „r the a, tioti, elt rw.1 • • .,
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<br />this paragraph may be taken by Beirwh ,any at wt h tome as tlene•r,c ,firy ntay r1Pfrorn •e ,t .lh;rul •vgwa hr troll anPgi.a,
<br />security Act the Indebtedness securerd hereby
<br />(b) Beholtciery shoo twhout rogard to the p01'r1umV Pt arty %e, wt?) I„• Nbr ; ,: fe'ht.,,,•,r•.� .e,r u,a:/ r,e••,t , ha ,, •hhr• r r rp„
<br />eploto,ntment pit a let. ol,ler try unk , (surf having i,/•,4,b, tvr,r %,Pi,.ut fink, a 1n MO. I, i , . •. ,• ,. , ,,p env
<br />Pfcoivrly and twerafe the :irrne, aril, Niol f the iwit% ,ti +ur..1,0Iv, •'h r,.,..,...,,•.,
<br />(t) tilrl►Nhl ,any miry trrrr•g am Urry rn ,n dn� t r,urf ur t „nrnUtpnr,ur,b,1, h1v, • , i,,,n, -r r..,• . r,,,,,r .. , ,••,
<br />covenants hereto
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