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<br />89- 144851
<br />16, Cavenants of Trustor with Respect to teases. i6Gthout the prior written consent of Beneficiary, Trustor shah not directly or indirectly,
<br />w16h respect ro any lease of space in the Trust Proper y, 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 caneeffb on, 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 term thereof, the rental payable thereunder, or to change any renewal provisions
<br />therein contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give any consent, waiver of approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />watid have the effect of impairing the value of the lessor's Interest thereunder or the property subject thereto. or of impairing the
<br />posftion or interest of Benefrclary therein, or
<br />(n Se!1, 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 />any action or proceeding for the purpose of enforcing this Deed of Trust or any Vt!s or remedies contain"fiftrain:
<br />16 Assignment of Deposits. In the event construction of improvements is canterri by the loan evidenegd' y time Note secured
<br />hereby, as add? nal security therefore, Trustor hereby?. "nsfars arm Zsigria r Swreliclary, aft tight t�Sr w rrcz:fi il. and all
<br />mordadspos& dbyoronbehallotTr ustorwltham.ydjf,r�unty, r iicf 3r ency,sanitary drst- t <�ir;7 cei,� #a*4 —Yd
<br />arf der, bob?, err: agency, I& #m instal141J:1' " 1'.o
<br />19 " ��pb'ra'ti4m � 7sar4rilmssfis:,+,� �r�nce,', .,
<br />aresa a trscorpt �';ePar p ; �l+r�ce: as riie�ase ma1�b4, zr! aFf ": a.�:i fa -54tap s underm !,aws otth,*
<br />'r— Of its lncMp Mf02. -.-OT qp rrzadon.
<br />20. Fa.- iearance by Benefm- .,iary Not a Waiver. Any forbear ;e by Beneficiary in exawsing any right or remedy hereunder, or otherwise
<br />afforded by applicable law, sha/f not be a waiver of or preclude the exercise of tart 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 the maturity 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 Trust or afforded by taw or equity, and may be exercised concurrently, independently or successively.
<br />22. Successors and Assigns Bound, Joint and Several Liability, Captions. The covenants and agreements herein contained shag bind, and
<br />Me rights hereunder shall inure to, the respwtive successors and assigns of Beneficiary, Trustee, and Trustor. All covenants and
<br />agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are not to be used to Interpret or define the provisions hereof.
<br />23. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Truster provided for in this
<br />Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested addressed to Truster at its mailing
<br />address set forth above or at such other address as Truster may designate by notice to Beneficiary as provided herein, and (b) any
<br />notice to Beneficiary or Trustee shall be given by cethfied mail, return receipt requested, to Beneficiary's and Trustee's mailing
<br />address stated herein or to such other address as Beneficiary or Trustee may designate by notice to Truster as provided herein. Any
<br />notice provided for In this Deed of Trust shag be deemed to have been given to Truster, Beneficiary or Trustee when given In the
<br />manner designated herein.
<br />24. Governing Law; Severabillty. Pris Deed of Trust shalt be governed by the laws of the State of Nebraska. /Ir the event any prevision or
<br />clause of this Deed of Trust conflicts with applicable l-c w, such conflict shall not affect other provisio: rs o`Mis Deed of Trust which can
<br />be given effect without the contlicting provisions and to this end the provisions of this Deed cf Lrust are declared to be severable.
<br />25. Events of Default Each of the following occurrences shall constitute an event of default here; ids , (hemirrafter called an "Event
<br />of Default'):
<br />(a) Trustor shall fail to pay when mie any principal, Intsr est or principal and intem on the Indebtedness
<br />(b) Any warranty of We made by Trustor herein shall be untrue,
<br />(c) Truster shall fail to observe or perform any of the covenants, agreements, or conditions in this Deed of Fu .7,
<br />(d) Any representation or warranty made by Truster on sally financial statements or reports submitted to B&70%iary by or on behalf of
<br />Truster shall prove false or materially misleading,
<br />(9) Truster shall fail to perfform or observe any of the asp. rinants, conditions or a�p eements contained in, or blinding upon Truster under
<br />any building loan agreement, security agreement;, liar a agreement, financing statement, or airy other agreement, Instrument or
<br />document executed by Truster In cerrm don wth rt e. loan evidenced by the Note,
<br />(f) A trustee, receiver or liquidator of the roust Prop". or of Truster shall be appointed, or any of the creditors of Truster shall file a
<br />petition in bankruptcy against Trustor, or for the rea+gaiuzation of Trustor pursuant to the Federal Bankruptcy Code, or any similar
<br />law, whether federal or state, and if such order or rAwwn shall not be discharged or dismissed within thirty (30) days alter the data
<br />on which such order or petition was filed,
<br />(g) Trustor shall file a petition pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or if T -vstor shall be
<br />adjudged a bankrupt, or be declared Insolvent, or shall make an assignment for the benefit of creditors, cr shall admit in writing its
<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) Final judgment for the payment of money shall be rendered against Trustor and Trustor shall not discharge the same, or cause it to
<br />be discharged, within thirty (30) days after the entry thereof, or shall not appeal therefrom or from 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 />(i) Truster shag sell or convey the Trust Property, or any part thereof, or any interest therein, or shall be divested of its title, or any interest
<br />therein, In any manner or way, whether voluntarily or involuntarily, without the written consent of Beneficiary being first had and
<br />obtained, or
<br />(J) N Trustor Is a corporation or partnership and more than fifty percent (500%) of the shares or beneficial Interests in such corporation or
<br />partnership, as the case may be, shall be transferred or conveyed, whether voluntarily of Involuntarily, without the written consent of
<br />Beneficiary 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 />declare all the Indebtedness secured hereby immediately due and payable and the same shall beer Interest at the default rate, if any,
<br />set forth In the Note, or a! +ienovlse at the highest rata permitted by law, and, irrespective of whether Eenafici ary exercises said option, it
<br />may, at its option and ; &c stole discretion, without arV further notice or demand to or upon Trustor, do are or more of the following;
<br />(a) Beneficiary rwf eater vprsn, take frssisssion s r anage and aawate the Trust Property or any pan rAereol, make repairs and
<br />alterations avrd C'3 aoy a= which 8brW.tiarrr ceat -s proper to protect the security thereof and either with or without taking
<br />possession, in its cwrU r..&n-s, swtf�w cr otherwls& ealect and receive rents, ivies and profits, Includicm j r: -,cse past due and unpaid,
<br />and apply the lama- lest ccstr end expenses of cowaiion and collection, it 'I�c2:ng rea mnabia attc-m-c,f 4 -sea and Beneficiary's
<br />costs, •upon the Indeb1o,%*,4ss sec, red hereby anir :rr such order as Bene, %latV may delarmnine. Up&.,n request of BQneficlary, Trustor
<br />shall assemble and shy d make ava7at� ?a to Benet c�ary any o.`'tt7e i`sust PmpeM, which has been ramaui: The entt;:ring upon and
<br />taking passessian of the Trust Pro perty, the ca9evisn. of any rents, issues an 1 profits, and the application thateof as aforesaid; shall
<br />not cure or waive any default tha rate !dre or there9tw occurring, or affect any;-rroftce of dofeuft orne tic e -a1 sale hereunder or
<br />Invalidate any act done pursuant to any such notice: Notwithstanding Beneficiary's continuance ih pos-session or receipt and
<br />application of rents, issues or profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of -Trust or by law
<br />upon or alter the occurrence of an Event of Default, Including the right to exercise the power of sale. Any of the actions referred to in
<br />this paragraph may be taken by Beneficiary at such time as Beneficiary may determine without, regard to the adequacy of any
<br />security for the Indebtedness secured hereby.
<br />(b) Beneficiary shall, without regard to the adequacy of any security for the Indebtedness sacurad hereby, be entitled to the
<br />appointment of a receiver by any court having jurisdiction, without notice, to hake passossrun of, protect, and manage the Trust
<br />Property and operate the same and collect the rents, issues and protds thereho'.n.
<br />(c) Beneficiary may bring any action in any court of competentlurisdiction to Foreclose this Cued of Trust or enforce any of rho
<br />covenants hereof.
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