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<br />therein contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give any consent, waiver of approval therounder or take any other action in connection therewith, or with a lessee thereunder, which
<br />the
<br />-
<br />-
<br />would have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing
<br />paasition or interest of Beneficiary therein, or
<br />(r) Sell, assign, pledge, mortgage or otherwise dispose of, o► 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 Trustor's obligations and duties hereunder, and to the extent permitted
<br />limitations with respect to any debt, demand or obligation secured hereby and
<br />=•ra:
<br />by law, Trustor waives all present or future statutes of
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />by the Note secured
<br />Ia. Covenants of Tiustor with Respect to +teases. Without the prior wn'tten c ra sent of Beneficiary. Trustor shall not, directly or Indirect)',
<br />thereof, whether such tease Is now or hereafter in existence:
<br />is.." rPspmt to any lease of space to the Trust Property. or any portion
<br />discount w advance payment of rent hereunder in excess of one month,
<br />(a) Acceptor permit any prep aYment,
<br />(b) Cancel of temlinate the same, or accept any cancellation, termination or surrender thorect, or p3rmit 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 of modify the same so as m reduce the torn theraol, the rental payable thereunder. or to change any renewal provisions
<br />`
<br />therein contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give any consent, waiver of approval therounder or take any other action in connection therewith, or with a lessee thereunder, which
<br />the
<br />-
<br />-
<br />would have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing
<br />paasition or interest of Beneficiary therein, or
<br />(r) Sell, assign, pledge, mortgage or otherwise dispose of, o► 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 Trustor's obligations and duties hereunder, and to the extent permitted
<br />limitations with respect to any debt, demand or obligation secured hereby and
<br />=•ra:
<br />by law, Trustor waives all present or future statutes of
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />by the Note secured
<br />18. Assignimwat.•of Deposits. in the event construction of improvements is contemplated by the loan evidenced
<br />title snit interest le any and PIt
<br />hereby, as; arlslitinnal sa ctrity therefore. Trustor hereby transfers and assigns to Geneficlay, c,9 right
<br />Trustor any city, county, public body or agency, sanitary district, utility company, and
<br />monies dw. dssrtr i �jv'.x W.- behalf of with
<br />any other WOv 0T.A.'181s,. for the installation or to secure the installation of any utility by Truster, pertaining to the Trust Property.
<br />things
<br />rg: Corperalx+a' x PaiC o- -rip Existence. H Trustor is a corporation, general partnership, or limited palmorshlp, it vrill do all
<br />existence, as the case may be, and all righfs lard privileges under the laws of the
<br />necessa?y M;araserve its corporate of partnership
<br />state of its incorporation or organization.
<br />X. Forbearance by BeneSaiary Not a Waiver. Any forbearance by i iary in exercising any right or 1,vincdy Iheeunder, or ub' envise
<br />V
<br />afforded by applicable qZ-x. shall not be a waiveraf orpneciude y..,r v. ercise of any such right crnsy.miVir ilaoary rl rmant of
<br />insurance or the paprtsa�' +wf taxes or the discharge of nv^CS a- c�avas by Beneficiary shall not br' :s, ,. ►er a'is y re+. ciary's right to
<br />accelemtr? tiara marry o',' -me lndeb.edness.
<br />21. Remedkes Clwv l al vs, M remedies provided in this Deed of That aL, distinct and cumulative to OFTK other right or remedy wrai •this
<br />Deed ar piLw+er asfi,,ed e: by law or equity, and may be exercised cm:.urrently, independenSjr vr- -'q 'cressively.
<br />Successors and Assv,;rR fund; Joint and Several Liability. Captrois. The covenants and agre2a^erts herein contained shalC Crud, and
<br />-
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<br />the rights hereunder size+/: enure to, the respective successors and assigns of Beneficiary, Trustee, and Truster. All covenants and
<br />agreements of Truster Vial be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />`
<br />convenience only and a-- not to be used to interpret or define the provisions hereof.
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<br />23. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustor provided for in this
<br />f ;
<br />Deed of Trust shall be given by mailing such notice by certified mral:, return receipt requested addressed to Trustor at its mailing
<br />address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any
<br />1 ,r
<br />address set forth above. or at such other
<br />notice to Beneficiary or rrustee shall be given by can /isad' inert &.urn receipt requested, to Beneficiary's and Trr stee's mailing
<br />,
<br />address stated herein c r. +ta Such other address as &r-n-c, i.-nary or Trustee may desi pate by notice to Trustor as n_ wided herein. Any
<br />notice provided for in ri.,zz :, eed of Trust shall be a d to have been given to Trustor, Beneficiary or Trustsa when given in the
<br />manner designated hemr,
<br />24. Governing Law, Severa.1:Wfty. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event any provision or
<br />clause of this Deed of Tr uist conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can
<br />be given effect withou: U ?s conflicting 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 occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />_
<br />at Default ")
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<br />(a) Trustor shall fail to pay when due any principal, interest, or principal and interest on the Indebtedness,
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<br />(b) Any warranty of title made by Trustor herein shall be untrue,
<br />(c) Trustor shall fail to observe or perform any of the Covenants, agreements, or conditions in this Deed of Trust,.
<br />(d) Any representation or warranty made by Trustor a'T any financial statements or reports submitted to Beneficiary by or on behalf of
<br />4t
<br />Trustor shall prove false or materially misleading,
<br />fail or obsei -� e any of tte sa,.enants. ct.-nff :.dns or agreements contained in, orb ;noting upon Trustor under
<br />(e) Trustor shall to perform
<br />any building loan agreement, secunf�r - r^en ; iaan agres'rr - : ranting statement or arig t»'z9T agfeernent, instrument or
<br />document executed b'iF Trustor in ' 3r ?h . -er. e [can ev; ea by the Note,
<br />(f) A trustee, receiver or')q:,.idator of the Trust rte Hr� ,:,r%1 Tnistorshall be al pc . c. r'c °�° ° �== -` -'= ^` iri stor shall file a
<br />! :
<br />petition in bankruptcy ;a,�aiASt Trustor, or for tf a rery�ra ^izadon of Trustor purl a'r's?'Re l Qarrkr4p2l)i f ) de, or any similar
<br />law, wliether federal or Nate, and (f such order of- oetfion shall not be dischaage. Cr tai %thin thirty (30) days after the date
<br />on w/7 idr, such order vrwtiRen, was ITIed,
<br />(g) Trusta3r shall file a pet tan Pumua -: M the Federal Bankruptcy Qrcv? or any similar law, lederat' of state, or if Trustor shall be'
<br />adjudged a bankrupt. .s be deaWed insolvent. or &°cal/ make an assignment for the benefit of creditors. or shall admit in aanhrrg its
<br />due, jr -.4n?,ll consent to the appoinsne?t of a receiver of all or acne' part of the Trust Pr+operiy,
<br />inability to pay its de1=3 as they become
<br />(h) Final judgment for the pajiment of money shaki�e rendered against Trustor and Frustor shall not discharge tie same, or cause it to '
<br />be discharged, wititln dwily (30) days after the env /; thereof, or shall not appeat'therefrom,, --I from the order. decree or prao ss upon'
<br />to which said 141gment was'grrted. based, or entered, and secure execution pending such apaeat
<br />which or pursuant
<br />(I) Trustor shall sell or convey the Tali *1?r ,2perty. c;-any part thereof, or any interest therein. q, sr:a! Zw divested of its title, or ar?)� 117,M, CSC
<br />therein, in any manner or way, wheel re»r volutr hVrly, (7r, involuntarily, without the written conserr, f, Senefrcra71,1eing first had Wd
<br />obtained, or
<br />(j) If Trustor is a corporation or pantietzftp• and mcre'than fifty percent (50 %) of the shares or bene0cial snLLzs arils ,it such Cai roach, ar
<br />pannelship, as the case may be, slrall'be'translemed or conveyed, whether voluntarily or iflvoiumirly_ rx41, Czar the wntferr cr_re ew of
<br />Beneficiary being first had and obbitned
<br />26. Acceleration of Debt Foreclosure. Upon the occurrence of any Event of Default, or any trine, flTer, caster BeaHTaary may, at its option,
<br />Indebtedness secured hereby immediately due and payable and the same shall bear inte:ro'st at the default rate. if any,
<br />declare all the
<br />set forth in the Note or otherwise at the highest rate permitted by fare, and. irrespective of whether I?errod ary exercises said option. it
<br />may, at its option and in its sole discretion, without any further notice or demand to or upon Trust77r, dc. anif: or. more of the following,
<br />(a) Beneficiary may enter upon, take possession at manage and operate the Trust Property or any-part thereof: make repairs and
<br />alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without faking
<br />in its own name, sue for or othewise collect and receive rents, issues and profits. including those past due and unpaid,
<br />possession,
<br />and apply the 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 order as Beneficiary may determine. Upon request of Beneficiary, Trustor
<br />shall assemble and shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and
<br />taking possession of the Trust Properly, the collection of any rents, issues and profits. and the application thereof as aforesaid, shall
<br />not cure or waive any default theretofore or thereafter occurring, or affect any notice of default or notice of sale hereunder or
<br />invalidate any act done pursuant to any such notice. Notwithstanding Beneficiary 's continuance in possession 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 />'
<br />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
<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) Benehciary shall. without regard to the adequacy of any security for the Indebtedness secured hereby. be entitled to the
<br />appointment of a receiver by any court having jurisdiction, without notice. to take possession of. protect. and manage the Trust
<br />Property and operate the same and collect the rents. issues and profits therefrom.
<br />(c) Beneficiary may bring any action in any court of competent jurisdiction to foreclose this Deed of Trust or enforce any of the
<br />covenants hereof.
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