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93 Q rr a1ch; 16. . Covwtartts of Trustor with Respect to Leases. Without the prior written consent of Beneftcl rus rA a 9 ! or tndiroctry with raspactto any iease of space in the Trust Property, or any portion thereof, whether such lease Is now or hereafter inexistence: (a) Accept or pornvt any prepayment. discount or advance payment of rent hereunder in excess of one month, (b) Cancel or teertttlnate ttto same, or accept any cancertlotion, termination or surrender thereof, or permit any event to occur which would occur thwourmw to terminate or cancel they same, other than termination for nonpayment of rent, (c) Amend or modify tho same $a as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions tlr#mW# contained. (d) Wafaw any default thereunder or breach thereof, (e) CiW any consent, wain or approval thereunder or take any ether action in connection therewith. Or with a /essr o thereunder, which wodd have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto, or o1 impar7nq the pasfan or interest of Beneficiary therein, or (1) Self, assign, pledge, MOIV.398 or otherwise dispose of, or encumber its interest in any said tease or any rents, issues, profits issuing or arising thereunder. 17. Waiver of Statute of Limitations. Time is of the essence In all of Trustor's obligations and duties hereunder. and to the extent permitted by law. Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein. tt3. "_- 9,jntent of Doposits. In the event construction of improvements is contemplated by the loan evidenced by M Note secured hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Property. 19. Corporation or Partnership Existence. It Trustor is a corporation, general partnership, or limited partnership, it will do all things necessary to preserve its corporate or partnership existence, as the case may ben and all rights and privileges under the laws of the state of its incorporation or organization. 20 Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by epplicahle late, shall not be a waiver of or preclude the exercise f any such right or remedy. The procurement of insurance or the payment of mates or the discharge of liens or changes by Beneficiary small not be a waiver of Beneficiary's right to accelerate the maturity of Un fndebtedness 21. Remedies Cumulative, All retlaadies provided in this Deed of trust are distinct and cumulative to any other right or remedy under this Deed of Trust or affordad bit law or equOy. and may be exercised corrcurrentty, independently or successively. 22. successors hts hereunder all Umt o, het motive successors Captions. ild assigns of Beneficiary, Trustee, y and Trustor. tained covenants 'and Iito 1greements of Trustor shall, b(a',idnt and several. The captions and headings of the paragraphs of this Deed of Trust ate for convenience only and are nbt to be used to interpret or define the provisions hereo! 23. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustbt provided for in this Deed of Trust shall be given by mailing such notice by certified marl, rehrr, a receipt requested addressed to Trustor at its mailing address set forth above or tO such other address as Trustor may designate by notice to Beneficiary as provided herein. and (b) any Mice to Beneficiary or Tnl rilair shall be given by certified mail, return receipt requeeted, to Beneficiary's and Tnrstaa's mailing rdofress stated herein or to r,4ityt other address as Beneficiary or Trustee may designate by notice to Trustor as p+aovi�ed herein. Any notice provided for in this Derid of Trust shall be deemed to have been given to Trastca , Beneficiary or Trustee w'tsn given in the manner designated herein, 24. !Governing Law: Severabllity. This Deed,of Rust shall be governed by the laws of the state of Nebraska- In the event any provision or muse of this Deed of Trust conlricts 4M1,44 licable raw, such conflictsha)] not affect other provisions of this Deed of Trust which can bye given effect without the conflicting provisions wd to ails end the pravis ens of dots Deed of Trust are declared to be severable. • .2s. E=vents of Default. Each of Lira fi. llowing occurrences shrill constitute an event of default hereunder, (hereinafter cpflad an "Event «I•Default"j: ' (a) 'Trustor slr t/ fail to pay when due any principal, interest, or principal and interest on the Indebtedness. (b) Any wanw,[If of tide made by Trustor herein shall be untrue. (c) Trustor shall fail to obi ? or perform any of the covenants. agreements, or conditions in this Deed of Trust, (d) Any representation oP• * ar9rdnty made by Trustor on any financial statements or reports submitted to Beneficiary by or on behalf of Trustor shall prove F&w orrhaterially misleading, (e) Trutor shall fail to aerfnrm cr observeany of the covenants, conditions or agreements contained in, or binding upon Trustor under any building loan awvervent. security agreement. loan agreement; financing statement, or any other agreement instrument or document a xer, Wed bij • rr,,ster in 62rnrer:ron with the loan eviderocod by the Note, (tj A trustee, receiver or kq l u dwor of the Trust Property or of Trustor, sindll be appointed, or any of the creditors of Trustor shall file a petition in bankruptcy ago t Trustor, or for the reerg anizoon of Trusor pursuant to the Federal Bankruptcy Code, or any similar law, whether federal or ",9, and if such order or peullon shall not: be discharged or dismissed within thirty (30) days after the date on which such order or petition was filed. (g) Trustor shall file a petitiarnirursuant to the Federal BanioupCryr•Coiia or any similar law, federal or state, or if rustorshall be adjudged a bankrupt, arcs declared insolvent, or sftV make an r,, Y*ig sment for the benefit of creditors, or shall ydmit in %(filing its inability to pay its deb 6- as they become due, or shall o:rsso t.. tv flm;appointment of a receiver of all or any pan of the Trust ftll6g, (h) Final judgment far the- payintent of money shag be rerrdert'd agairm— Yrustor and Trustor shall not discharge the same, or cause 4 to be discharged. within thirty (30) days after the entry thereof, or shah/ not appeal therefrom or from the order, decree or process upon which or pursuant to which said iudgMi nt was granted, based, or watered, and secure a stay of execution pending such appeal. (j) Trustor shaft sell or convey the Tivsv Ph2perty, or any part thereof: cr any interest therein, or shall be divested of its tide. or any interest therein, in any manner or uvay, Lwhelher voluntarily or involuntarily, vrrthout the written consent of Beneficiary being first had and obtained, or 0) If Trustor is a corporatoon at-partnership and more bran fifty percent (50°0) of the shares or beneficial interests"In such corporation or partnership, as the case may be, shall be transferred or conveyed, whether voluntanly or involuntarily, without ilte written consent of Beneficiary. being first had and obtained. 26. Acceferadon of Debt. Foreclosure. Upon the occurrence of any Event of Default, or any time thereafter, Beneficiary may, al•ils option, declare all the Indebtedness secured hereby immediately due and payable and the same shall bear interest at the default rule, 11; twj;, set forth in the Note, or otherwise at the highest rate permitted by taw, and irrespective of whether Beneficiary exercises -said oplicn. if may, at its option and in its sole discretion, without any further notice or demand to or upon Trustor. do one or more of the following,' : (a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any part thereof; make repairs and alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without taking possession, in its own name, sue for or otherwise collect and receive rents, issues and profits, including those past due and unpaid. and apply the same, less costs and expenses of operation and collection, including reasonable attorney fees and Beneficiary's costs. upon the Indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and taking possession of the Trust Property. the collection of any rents, issues and profits. and the application thereof as aforesaid, shall not cure or waive any default theretofore or thereafter occurring; or affect any notice of default or notice of sale hereunder or invalidate any act done pursuant to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and application of rents. issues or profits. Beneficiary shalt be entitled to exercise every right provided for in this Deed of Trustor by law upon or after the occurrence of an Event of Default. including the right to exercise the power of sale. Any of the actions referred to in this paragraph may be taken by Beneficiary at such time as Beneficiary may determine without regard to the adequacy of any security for the Indebtedness secured hereby. (b) Beneficiary shall. without regard to the adequacy of any security for the Indebtedness secured hereby. be entitled to the appointment of a receiver by any court having jurisdiction. without nonce. to take possession of, protect, and manage the Trust Property and operate the same and collect the rents. issues and profits therefrom. (c) Beneficiary may bring any action in any court of competentlunsdictron to foreclose this Deed of Trust or enforce any of the covenants hereot I I i�a� a - - t. , 5. I 7KI ,-.-ANA n -' -4A .•h .a . -M` 93 Q rr a1ch; 16. . Covwtartts of Trustor with Respect to Leases. Without the prior written consent of Beneftcl rus rA a 9 ! or tndiroctry with raspactto any iease of space in the Trust Property, or any portion thereof, whether such lease Is now or hereafter inexistence: (a) Accept or pornvt any prepayment. discount or advance payment of rent hereunder in excess of one month, (b) Cancel or teertttlnate ttto same, or accept any cancertlotion, termination or surrender thereof, or permit any event to occur which would occur thwourmw to terminate or cancel they same, other than termination for nonpayment of rent, (c) Amend or modify tho same $a as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions tlr#mW# contained. (d) Wafaw any default thereunder or breach thereof, (e) CiW any consent, wain or approval thereunder or take any ether action in connection therewith. Or with a /essr o thereunder, which wodd have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto, or o1 impar7nq the pasfan or interest of Beneficiary therein, or (1) Self, assign, pledge, MOIV.398 or otherwise dispose of, or encumber its interest in any said tease or any rents, issues, profits issuing or arising thereunder. 17. Waiver of Statute of Limitations. Time is of the essence In all of Trustor's obligations and duties hereunder. and to the extent permitted by law. Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein. tt3. "_- 9,jntent of Doposits. In the event construction of improvements is contemplated by the loan evidenced by M Note secured hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Property. 19. Corporation or Partnership Existence. It Trustor is a corporation, general partnership, or limited partnership, it will do all things necessary to preserve its corporate or partnership existence, as the case may ben and all rights and privileges under the laws of the state of its incorporation or organization. 20 Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by epplicahle late, shall not be a waiver of or preclude the exercise f any such right or remedy. The procurement of insurance or the payment of mates or the discharge of liens or changes by Beneficiary small not be a waiver of Beneficiary's right to accelerate the maturity of Un fndebtedness 21. Remedies Cumulative, All retlaadies provided in this Deed of trust are distinct and cumulative to any other right or remedy under this Deed of Trust or affordad bit law or equOy. and may be exercised corrcurrentty, independently or successively. 22. successors hts hereunder all Umt o, het motive successors Captions. ild assigns of Beneficiary, Trustee, y and Trustor. tained covenants 'and Iito 1greements of Trustor shall, b(a',idnt and several. The captions and headings of the paragraphs of this Deed of Trust ate for convenience only and are nbt to be used to interpret or define the provisions hereo! 23. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustbt provided for in this Deed of Trust shall be given by mailing such notice by certified marl, rehrr, a receipt requested addressed to Trustor at its mailing address set forth above or tO such other address as Trustor may designate by notice to Beneficiary as provided herein. and (b) any Mice to Beneficiary or Tnl rilair shall be given by certified mail, return receipt requeeted, to Beneficiary's and Tnrstaa's mailing rdofress stated herein or to r,4ityt other address as Beneficiary or Trustee may designate by notice to Trustor as p+aovi�ed herein. Any notice provided for in this Derid of Trust shall be deemed to have been given to Trastca , Beneficiary or Trustee w'tsn given in the manner designated herein, 24. !Governing Law: Severabllity. This Deed,of Rust shall be governed by the laws of the state of Nebraska- In the event any provision or muse of this Deed of Trust conlricts 4M1,44 licable raw, such conflictsha)] not affect other provisions of this Deed of Trust which can bye given effect without the conflicting provisions wd to ails end the pravis ens of dots Deed of Trust are declared to be severable. • .2s. E=vents of Default. Each of Lira fi. llowing occurrences shrill constitute an event of default hereunder, (hereinafter cpflad an "Event «I•Default"j: ' (a) 'Trustor slr t/ fail to pay when due any principal, interest, or principal and interest on the Indebtedness. (b) Any wanw,[If of tide made by Trustor herein shall be untrue. (c) Trustor shall fail to obi ? or perform any of the covenants. agreements, or conditions in this Deed of Trust, (d) Any representation oP• * ar9rdnty made by Trustor on any financial statements or reports submitted to Beneficiary by or on behalf of Trustor shall prove F&w orrhaterially misleading, (e) Trutor shall fail to aerfnrm cr observeany of the covenants, conditions or agreements contained in, or binding upon Trustor under any building loan awvervent. security agreement. loan agreement; financing statement, or any other agreement instrument or document a xer, Wed bij • rr,,ster in 62rnrer:ron with the loan eviderocod by the Note, (tj A trustee, receiver or kq l u dwor of the Trust Property or of Trustor, sindll be appointed, or any of the creditors of Trustor shall file a petition in bankruptcy ago t Trustor, or for the reerg anizoon of Trusor pursuant to the Federal Bankruptcy Code, or any similar law, whether federal or ",9, and if such order or peullon shall not: be discharged or dismissed within thirty (30) days after the date on which such order or petition was filed. (g) Trustor shall file a petitiarnirursuant to the Federal BanioupCryr•Coiia or any similar law, federal or state, or if rustorshall be adjudged a bankrupt, arcs declared insolvent, or sftV make an r,, Y*ig sment for the benefit of creditors, or shall ydmit in %(filing its inability to pay its deb 6- as they become due, or shall o:rsso t.. tv flm;appointment of a receiver of all or any pan of the Trust ftll6g, (h) Final judgment far the- payintent of money shag be rerrdert'd agairm— Yrustor and Trustor shall not discharge the same, or cause 4 to be discharged. within thirty (30) days after the entry thereof, or shah/ not appeal therefrom or from the order, decree or process upon which or pursuant to which said iudgMi nt was granted, based, or watered, and secure a stay of execution pending such appeal. (j) Trustor shaft sell or convey the Tivsv Ph2perty, or any part thereof: cr any interest therein, or shall be divested of its tide. or any interest therein, in any manner or uvay, Lwhelher voluntarily or involuntarily, vrrthout the written consent of Beneficiary being first had and obtained, or 0) If Trustor is a corporatoon at-partnership and more bran fifty percent (50°0) of the shares or beneficial interests"In such corporation or partnership, as the case may be, shall be transferred or conveyed, whether voluntanly or involuntarily, without ilte written consent of Beneficiary. being first had and obtained. 26. Acceferadon of Debt. Foreclosure. Upon the occurrence of any Event of Default, or any time thereafter, Beneficiary may, al•ils option, declare all the Indebtedness secured hereby immediately due and payable and the same shall bear interest at the default rule, 11; twj;, set forth in the Note, or otherwise at the highest rate permitted by taw, and irrespective of whether Beneficiary exercises -said oplicn. if may, at its option and in its sole discretion, without any further notice or demand to or upon Trustor. do one or more of the following,' : (a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any part thereof; make repairs and alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without taking possession, in its own name, sue for or otherwise collect and receive rents, issues and profits, including those past due and unpaid. and apply the same, less costs and expenses of operation and collection, including reasonable attorney fees and Beneficiary's costs. upon the Indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and taking possession of the Trust Property. the collection of any rents, issues and profits. and the application thereof as aforesaid, shall not cure or waive any default theretofore or thereafter occurring; or affect any notice of default or notice of sale hereunder or invalidate any act done pursuant to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and application of rents. issues or profits. Beneficiary shalt be entitled to exercise every right provided for in this Deed of Trustor by law upon or after the occurrence of an Event of Default. including the right to exercise the power of sale. Any of the actions referred to in this paragraph may be taken by Beneficiary at such time as Beneficiary may determine without regard to the adequacy of any security for the Indebtedness secured hereby. (b) Beneficiary shall. without regard to the adequacy of any security for the Indebtedness secured hereby. be entitled to the appointment of a receiver by any court having jurisdiction. without nonce. to take possession of, protect, and manage the Trust Property and operate the same and collect the rents. issues and profits therefrom. (c) Beneficiary may bring any action in any court of competentlunsdictron to foreclose this Deed of Trust or enforce any of the covenants hereot I I i�a� a - - t. , 5. I