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<br />16e Covenants of Trustor with Respect to Losses. Without the pilot w'lition consent of Beneficiary, Trustor shall not, directly or indirectly,
<br />with respect to any lease of space in the Trust Property, or any Wion therool, whether such lease is now or hereafter in oxistenco:
<br />(a) Accept orparntit any prepayment, discount or advance payment of rent Hereunder in excass 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 temtinate or cancel the same, other than termination lot nonpaymant 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 />Morein contained,
<br />(d) Waivia any default thereunder or breach thereof,
<br />in therewith, or with a lessee thereunder. which
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<br />(e) Give any consent waiver or approval thereunder or take any other action Connection
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<br />would have Me effect of impairing the value of the lessor's interest thereunder or the properly subject thereto, or at impairing the
<br />position or interest of Beneficiary therein, or
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<br />(1) Soil, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any said leaso of any rents, issues, profits issuing
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<br />or arising thereunder.
<br />17, Waiver of Statute of Limitations. Time is of the essence In all of Truster's obligations and duties hereunder; and to the extent permitted
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<br />by law. Truster waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and
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<br />any action or proceeding for the purpose of enforcing this Coed of Trust or any rights or remedies contained herein.
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<br />18. Assignment of Deposits. In the event construction of improvements is contemplated by the loan evidenced by the secured
<br />hereby, as additional security therefore, Truster hereby transfers and assigns to Beneficiary, all right: ht/e and interest to any and all
<br />morales deposited by or on behalf of Trustor with any city, county, public bod-v or agency. sanitary district, utility company, and
<br />any other body or agency. for the installation or to secure their•rstallation of any utility by Truster, pertaining to the Trust Property.
<br />19. Corpora dot? or Parvrership Existence. 9 Trustor is a corpora don, general partnership, ar limited partnership, it vial do all things
<br />necessary to preserve its cMorate orpartnership existence, as the case may be, and'all rights and pnvrleges' ceder the laws of the
<br />state of its incorporation or organization.
<br />20. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficlsiyln exercising any right or remedy hereunder, or otherwise
<br />afforded by 4.7plicable, law. shall not be a waiver of or preclude the arerc'lw ul any such right or remedy. The procurement of
<br />insurance or the, paymerilr rtfi taxes or the discharge of liens or charges y pmeficiary shall not be a waiver of Beneficiary's
<br />accelerate Lirerashvi 61- theIndebtedness.
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<br />21, Remedios Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy VW. r 7 s
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<br />Deed of Thar r` afforded by law or equity, and may be exercised concurrently, independently or successively.
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<br />22. Successors and Assigns Bound; Joint and Several liability; Captions. The covenants and agreerrrarrts herein contained shall burnt. and
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<br />the rights ft-eunder shall inure to, the respective successors and assigns of Beneficiary . Trustee, and Trustor. All covenants and
<br />agreements of Truster shaff be joint and several. The captions and headings of tha• paragraphs ol this Deed of Trust are for
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<br />convenience only and are not to be used to interpret or define the provisions hereof-
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<br />23. Notice. Except for any Wace required under applicable law to be given in another manner. (a) any notice to Truster provided for flits
<br />Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested addressed to Trustor at its mailing
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<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 certified mail, return receipt requested, to Beneficiary's and Trustee's marling
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<br />address stated herein or tin such other address as Beneficiary or Trustee may designate by notice to Truster as provided herein. Any
<br />notice provided for In this G' ti aed of Trust shall be deemed to have been given to Trusiar. Beneficiary or Trustee when given in the
<br />manner designated herein?
<br />24. Governing taw., Severability. This Deed of Trust shall be governed by the laws of tha Stale of Nebraska, In the event any provision or
<br />clause of this Deed of Trust conflicts wiM applicable law, such conflict shall not affect other provision of this Deed of Trust which can
<br />be given effeca without the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable
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<br />25. Events of Default. Each of the following occurrences shall constitute an evenz of default hereunder, (hereinafter called an "Event
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<br />of Default'):
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<br />(a) Truster shall fail to pay when due any principal, interest, or principal and Interest on the Indebtedness,
<br />(b) Any warranty of fide made by Truster herein shall be untrue,
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<br />(c) Truster shah fail to observe or perform any of the covenants, agreements, or conditions in this Deed of Trust
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<br />(d) Any representation or warranty made by Truster on any financial statements or reports submitted to Beneficiary by or on behalf of
<br />Truster shale prove false or materially misleading,
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<br />(e) Truster shall tail fo perfATm or observe any of the covenants, conditions of agreements contained in, or binding upon Truster under
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<br />any building fowt,'tgieament, security agreement loan agreement, financing statement, or any other agreement. instrument or
<br />document executed by Truster in connection with the loan evidenced by the Note.
<br />(1) A trustee. receiver or liquidator of its Trust Property 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 reorganization of Truster pursuant to the Federal Bankruptcy Code, or any similar
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<br />law, whether federal crenate, and it such order or petition shall not be discharges or dismissed within thirty (30) days after (lie (idle
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<br />on which such order or paplion was filed,
<br />(g) Truster sttal, file a petition pursuant to the Federal Bankruptcy Code or any similar law, federal or state. or if Trustor shall be
<br />adjudged a bankrupt, or be declared insolvent, or shall make an assignment for the benefit of creditors, or shall admit in writing its
<br />inability to Tray its debts as they become due, or shall consent to the appointment of a receiver of all or any part of the Trust Pw ectr
<br />(h) Final judgment for the payment of money shall be rendered against Truster and Trustor shall not discharge the same, or cause rr .0
<br />be discharged, within thirty (30) days after the entry thereof. or shall not appeal therefrom or from the order, decree or process ,.,O,:n
<br />which or pursuant to which said judgment was granted. based. or entered. and secure a stay of execution pending such appeal.
<br />(y Trustor shall sell or convey the Trust Property, or any part thereof, or any interest therein, or shall be divested of its tide, or any interest
<br />therein, in any manner or way, whether voluntarily or involuntarily ithout the written consent of Beneficiary being first had and
<br />obtained,, or
<br />(p If Trustor..(s.a corporation or partnership and more Than hftyperi:r;r,l:(50 1a) of the shares or benehoal mterezis-in .uch corporation or
<br />partnership, as the case may be. shall be transterrod or whether voluntarily or irivol,^ nlunly. w, ?houvdie. written consent of
<br />Sallefrcrarlr being f rsbhad and obtained.
<br />26. Aecelerahan et Debt: Foreclosure. Upon the occurrerv:L -,- ;f.'.vsz l=S'cn of Default, or any time ther�W1L.i. 6erralicary :nay. of as i rt,arl,
<br />declare 40,1176 indebtedness secured hereby immediaroy dui;, ,Jj;,Z'pUV1able and the same shall beur,rrterest at Inc defaia rsL :,nf alt.
<br />Set forth 1p the t4ai _ dircftrerwise at the highest rate permitred L71, lis:v, and, irrespective of whether Beneficiary exercises sari;: _rJr.� :� ;r
<br />may, at as i<i;fion ,wdrri its sole discretion, without any further notice or demand to or upon Trustor, do one or m,. ^.itz of r7cyr,.l; :,nr.i;�
<br />(z, Beneficial,. il7a)tt -w1nr upon, take possession of, manage and operate the Trust Properly or any part thereof: rrialre renws. a r t
<br />afterationsr,mdido any acts which Beneficiary deems proper to protect the security thereof, and either with urrr.,lI1Cnr.r n„ . '
<br />possesS161), OT its own name, sue for or otherwise collect and rereive rents, issues and profits, including those pasPuu,;: ;rrrlium%ao:,r.
<br />and apply the same, less costs and expenses of operation and collection, including reasonable attorney fees ,and: Belo T_- rli7urt, •s
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<br />costs. upon the lndebteaness secured hereby and in such order as Beneh m crary may de!er is Upon requeLl i;1 B't -riMci
<br />shall assenible and shall make available to Beneficiary any of the Trust Properly which has been removad. The, r;isti :r; /ig upon a -a
<br />taking possession of ilia Tres* Property, the collection of any rents, issues and profits, and the --pplication Meteor as a- ion:sa.o v,ail
<br />not cure or naive any default theretofore or thereafer occurring, or affect any notice of default or nonce of sale hereunder,�r
<br />invalidate any act done pursuant to any such notice. Notwltnstand;ng Bent lrerary s continuance in possession or receipt apd
<br />application of rents, issues or profits. Beneficiary shall be en!.7ed to exercise every nym provided torn 1h,.; toed or rrust of t, •.� :
<br />upon or alter the occurrence of an Event of Default. including me right to exercise Vie porter of sae i,riy of !ni ac;,ons relent, .i !, n
<br />this paragraph maybe taken by Beneficiary at such tmre as Beneficiary may determine nithout reysrd to th_ adequacy Lit any
<br />security for the indebtedness secured hereby.
<br />(b) Beneficiary shall, without regard to the adequacy of any secunly for the Indebtedness secured hereby. he onhttad !o the
<br />appointment of a receiver by any r.,)u.1 having lurisdrehon. without notice. to take possession (it, prurect, slid ;nonage ine Tra.;
<br />Property and operate the same and coliect the rents. issues and profits therehwn.
<br />(c) eonef ciaiy may bring any ,u.tron in any court of romeercnr)urisd;chon fu foreclos L' t :,s Dodd of Trust or a r. • • , , ar ra
<br />a�rr n :,nls -ri,of
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