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<br />16. Covenants of Tntst(w with Respftct tla teases. irvithout the prior written consent of Doneficrary? Trustor shall not, directly or indirectly,
<br />with respect to any lease of share rot 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 sane. other than termination for nonpayment of rent,
<br />(c) "and or modify the some so as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions
<br />OW Min conntained,
<br />(d) Waive any default Noraunder or broach thereof,
<br />(e) Give any consent waiver or approval tfrereun. else or toko any other action in connection therewith. or with a lessee thereunder, which
<br />would have Me effect of impakkg fire vakue of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />• position or interest of Beneficiary therein, or
<br />C 7 M 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 />C-)17. Waiver of Stafute of LitroWtions. Time is of Me essence in ate of Trustor s obligations and duties hereunder, and to the extent permitted
<br />© by law, Truster waives all present or Ant a, statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />any aUlm or proceeding forgo purpose of enforcing this Deed of Trust or any rights or romedi contained herein.
<br />I& Atelgtrrnnt of DepoeNs. M fin event construction of knpromm" is is contemplated by the loan evidenced by the Mote secured
<br />h wW* es addMkbW security therefore, Trustor hereby transfers and assigns to Beneficiary, aN right. tithe and interest to any and all
<br />nonles depoaNed by or on behattf of Trustor with any city. county. public body or agency, sanitary district utility company, and
<br />any o0w body or agency, for the Installation or to secure the installation of any utility by Trustor, perfafnfing to the Trust Property.
<br />19. Corporaatfeon or Parbtership ExWence, B Trustor is a corporaWn, general partltwWp. or limited partnership, it will do all things
<br />neceseary to presew its corporate or partnership existence, as Me case relay be, and all rights and privileges under the laws of the
<br />slaw of ifs kxwporaNion or organfzafir n.
<br />20. Forbearance by Beneficiary Mot ar W'*w Any lorbeawwo by Beneficiary in exercising al7 right or remedy hereunden or otherwise
<br />aftrded by 4ppticable law, WW rWbe a water of or prscklde the exercise of any sucA KVK or nr edy. The procurement of
<br />W-04 /nawance or the payment of taxes or the discharge of liens or charges by Senelidwy shaif not be s wativer of BeMficlory's right to
<br />accelerate the maturely of the Indebtedness.
<br />" 21. Romedies CumuA etve. AN remedies provided in this Deed of Trust are distinct and cumuW" to any other right or remedy under this
<br />f Deed of Trust or alf rded by law or equity. and may be exercleed concurrently, IndepwroWdy or successively.
<br />22. Suuccesson and Assigns Bound; Joint and Several Usblkty; 1 wk m. The covenants and agreements herein contained shall bind, and
<br />tin rights hereunder shall kNwe to. the respeOve successoro and assigns of•Benefic/ary, Trustee, and Trustor. AN covenants and
<br />egnenhents d Tnstrx strait be Joint and sswra6 Pre captions and hneadrrngs of sire paragraphs of tins Deed of trust are Mr
<br />comrrgence only and ** nol to be used to infaipm or define the provisions; /tool
<br />C" 23. Mofice. Except for any notce• rsgjyW under applicable law to be given in anothw n amw. (a) any notice to Trustor provided for In this
<br />Deed of That shalt be given by rma bW such notice by certified mail, rsturr; receipt rotims*d addressed to Trustor at its mailing
<br />addms set Aorth above or at such c W address as Trustor may designate by notice to BWv.6cfa7 as provided heroin, and (b) any
<br />notce to Beneficiary or Trustee shall be giver by ce ~'mad, return receipt requested, to Ben eficlmy's and Trustee's mailing
<br />addheea sated heroin or to such other address as Beneficiary or Trustee may designate by notit:>s.to Trustor as provided heroin. Any
<br />notice provided for in ffhfs Deed of Tenet s ?;W be deemed to, heve been given to Trustor, BeMf dory or Trustee when given in the
<br />mw7nw viaryi►wiir iiw�nr.
<br />2e. Qovenwng Lew; SewrabWy. This Do" of Trust shall be governed by the laws of the State of Nebraska. In the event any provision or
<br />clause of We Deed of rivet confkct3 with applicable law, such corNf4ct shall not affect other pmYtWo ns of this Deed of Trust which can
<br />he Doyen aAfeet wd ford" Ma rnnfLir►ht= rvntrkkvm land to Ws end Ma provisions of this Deed of Trust are declared to be severebfs:
<br />25. Events of Do(&* Each of Me Wowing occurrences &W constitute an event of default hoevii rider, (hereinafter called an "Event
<br />d oekko'):
<br />(a) Trwor sW fait to pay when due any principal, interest or principal and interest on tk8, An. :elttedrress.
<br />(b) Any womwAy of tree made by Trustor herein shah be unbue,
<br />l'c1 Thaftr shall /ail to observe or perform any of the covenants, agreements, or conditions In f^ s Oeerrd of Trust,
<br />(d) Any lropworttagon or warranty made by Trustor on any fin#nclal statements or reports submitted to Beneficiary by or on behalf of
<br />:. Tnu *wsW prow false or mawrnaNy misleading.
<br />(e) Truster~ fall to perform or observe any of the covenants. conditions or agreements contained in, or binding upon Trustor under
<br />any bLW*V ban agreement security agreement loan agreement, financing statement, or any other agreement, Instrument or.
<br />document executed by Trustor in connection with the ban evidenced by the Note,
<br />(0 A Mateo. receiver or liquidator of Me Trust Property or of Trustor shall be appointed, or any of the creditors of Trustor shall file a
<br />peom,in bankruptcy against Trustor, or for Me rewUsivzation of Trustor pursuant to the Federal Bankruptcy Code, or any similar
<br />law, whedW federal or state, and if such order or petition shall not be discharged or dismissed within thirty (30) days after the date
<br />on within such order or petition was filed,
<br />(g) Trustor shall file apetition pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or it Trustor shall be
<br />eoyudged a bankr'trpt, or be declared insolvew. or shall make an assignment for Me benefit of credifors, or shall admit in writing its
<br />khab * to pay Its debts as they become due, or shall consent to the appointment of a receiver of ail or any part of the Trust Pwperty,
<br />(1f) Final judgment for Me payment of money shall be rendered against Trustor and Truvwshalt not discharge the same, or cause it to
<br />be discharged, **Vn Miry (30) days after the entry thereot or shall not appeal thwalrpm or from Me 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) TradSW shad sell ar COMW the Trust Property. or any part Hereof. or any in wrest therein, or shall be divested of its title, or any interest
<br />Owen, in any manner or way, whether voluntarily or involuntarily, without the written consent of Beneficiary being first had and
<br />obtaned or
<br />�) N Truster is a eorporabon or partnership and more than fifty percent (50%) of Me shares or beneficial interests In such corporation or
<br />parMwWMp, as the case may be, shah be transferred or conveyed, whether voluntarily or involuntarily, without the written consent of
<br />Berhef avy being first had and obtained.
<br />26. Acceleration of Debt: Foreclosure Upon the occurrence of any Event of Default, or any time thereafter. Beneficiary may. at its option,
<br />dec/an aN the Indebtedness secured hereby immediately due and payable and the same shall bear interest at the default rate, if any,
<br />W AWO In din Note, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercises said option, it
<br />may, a; rs rte;r, env in its solo dss:.� . w :'.'"...uf any furNxr r:ofto or demand to or upon Trustor, do one or n7 re of the fallowing.
<br />/any BenMiciary may sneer upon. take possession of mange and operate the Trust Property or Rny part therent" make repairs and
<br />&%Wabons and do any acts which Beneficiary deems proper to protect the security thereof. and either with or without taking
<br />possession. in its own nano, sue for or otherwrse collect and receive rents. issues and profits, including those past due and unpaid,
<br />And apply the same. less costs wid expenses of operation and coliecbon, including reasonable attorney fees and Beneficiary s
<br />casts, upon the indebteoaress secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary. Trustor
<br />&W assembie and she# make avaitab/s to Beneficiary any of the Trust Property which has been removed The entering upon and
<br />rakNv possession or the Trust Property, the comcbm of any rents, issues and profits, and the application thereof as aforesaid. shall
<br />not cure cw waive any defaulf theretofore or Mereaffer occurring. or effect any notice of default or notice of sale hereunder or
<br />invabdaM any act done Iwrsuant to any such notice Notwithstanding Beneficiary s continuance in possossioil or receipt unit
<br />oppkcabon of refits issue9 or profd9, Bin obcia►y shall be entitled to exercise every right provided for in this Deed of Trust (v by hive
<br />uom or Ott the occurrence of an Event or Default inclutbnt3 the right to exorcise ►roe o0wer of sa!e Aliv 0! the ncrrr-ns rervtfo4 ro ,ri
<br />Mrs paragrapt► mrnv be taken t;y i enoticiary at Such time a4 Henotciary may determin(} wi! ^:rut r;1,pfrti to (ho nderjunr y (,r ,rik
<br />W-urdy for fire indebtedr;ess secured hoteby
<br />iii FWMfY ;any shit? ryi!hrw! reflaid fu file arde(j ia( v rot ail Y, set lit) ty tot tho Ar 1nb•nlJttp ; : ''.t•r , rt`: t r•r!e tin r•1RF't'l7 r r it 't,
<br />aZp[r.r7riyltrt rd a for e; we f it rimy r rlutn ha vrrly tUt/',,die ri,rrl wi lh(rlit rTf.•Y(I !r? !aAif p ':Sw; r i r +,.'e +, r 17 •',T 'r'aa, I jt` ii'n T,, •, t
<br />Prrtrietfy atO 4q.rilato fro '.ntrn awl r. t, "rut the reilrs i ^,JUHS ants jimt.l'. fi•rtr'rr•'n
<br />liPf:gSI -wv rnaIr l.rryrl r{' 111�,r i tdfft rut r wrl,wojr!i i r:n it rl; rty 11,10 F" . !,ov;y i r. •r .., ,:fir, ,. t W'
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