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<br />(d) Failure of Borrower to make any payment or perform any obligation under
<br />any superior liens or encumbrances on the Property, within the time required thereunder, or
<br />commencement of any suit or other action to foreclose any superior liens or encumbrances.
<br />(e) Failure by Borrower to observe or perform any of its obligations under any
<br />of the Leases, following the giving of any notice required thereunder and/or the expiration of any
<br />applicable period of grace provided thereby.
<br />(f) The Property is transferred or any agreement to transfer any part or
<br />interest in the Property in any manner whatsoever is made or entered into without the prior
<br />written consent of Lender, except as specifically allowed under this Instrument, including
<br />without limitation creating or allowing any liens on the Property or leasing any portion of the
<br />Property.
<br />(g) Filing by Borrower of a voluntary petition in bankruptcy or filing by
<br />Borrower of any petition or answer seeking or acquiescing in any reorganization, arrangement,
<br />composition, readjustment, liquidation, or similar relief for itself under any present or future
<br />federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief
<br />for debtors, or the seeking, consenting to, or acquiescing by Borrower in the appointment of any
<br />trustee, receiver, custodian, conservator or liquidator for Borrower, any part of the Property, or
<br />any of the Rents of the Property, or the making by Borrower of any general assignment for the
<br />benefit of creditors, or the inability of or failure by Borrower to pay its debts generally as they
<br />become due, or the insolvency on a balance sheet basis or business failure of Borrower, or the
<br />making or suffering of a preference within the meaning of federal bankruptcy law or the making
<br />of a fraudulent transfer under applicable federal or state law, or concealment by Borrower of any
<br />of its property in fraud of creditors, or the imposition of a lien upon any of the property of
<br />Borrower which is not discharged in the manner permitted by Section 4 of this Instrument, or the
<br />giving of notice by Borrower to any governmental body of insolvency or suspension of
<br />operations.
<br />(h) Filing of a petition against Borrower seeking any reorganization,
<br />arrangement, composition, readjustment, liquidation, or similar relief under any present or future
<br />federal, state or other law or regulation relating to bankruptcy, insolvency or other relief for
<br />debts, or the appointment of any trustee, receiver, custodian, conservator or liquidator of
<br />Borrower, of any part of the Property or of any of the Rents of the Property, unless such petition
<br />shall be dismissed within sixty (60) days after such filing, but in any event prior to the entry of
<br />an order, judgment or decree approving such petition.
<br />(i) The institution of any proceeding for the dissolution or termination of
<br />Borrower voluntarily, involuntarily, or by operation of law, unless such proceeding shall be
<br />dismissed within sixty (60) days after such filing, but in any event prior to the entry of an order,
<br />judgment or decree for relief, or the death or incompetence of Borrower.
<br />0) A material adverse change occurs in the assets, liabilities or net worth of
<br />Borrower from the assets, liabilities or net worth of Borrower or any of the guarantors of the
<br />indebtedness evidenced by the Note previously disclosed to Lender.
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<br />01- 288814.04
<br />Grand Island, NE
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