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<br /> 16. Covenants of Trustor with Respect to teases. Without the prior written ronsent of Beneficiary, Trustor t.hall not, directly or.'ndfrectly,
<br /> with respect to any lease of space in t to Trust Property, or any portion thereof, whether such leas±+ is tow or hehrealrear in existence:
<br /> (a) Accept or permit any prepayment, c scouni or advance payment of rent hereunder in excess of wi month,
<br /> (b) Cancel or terminate Ma same, or accept any canceflatbr), termination or surrender thereof, or perrldt 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 mod,.."y the same so as to taduce the term thereof, the rental payable thereunder, or to,:.hangs any renewal prtivisio,,rs
<br /> !herein contained,
<br /> (d) Waive any default thereunder or bn3t ch thereof,
<br /> (e) Give any consent, waiver or apps oya' thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br /> would have the effect of impairing h7 v value of the lessor's interest thereunder or the propert/ subject thereto, or o.' Impairing the
<br /> position or interest of Beneficiary the) eln, or
<br /> ~l) .yell, assign, pledge, mortgage or othe rvise dispose of, or encumber its Interest in any said lease, or any rents, Issues, profits issuing
<br /> or arising thereunder,
<br /> 17. Waiver of Stewtule of limitations. Time is of the essence in all of Trustor s obligations and duties hereunder, and to the extent perhitted
<br /> by law, Trustor waives all present or fut ire statutes of limitations with respect to any debt demand or obligation secured hereby and
<br /> any action or proceeding for the purpos a of enforcing this peed of Trust or any rights or remedle3 *ontalned herein,
<br /> 111. Assignment of Deposits. In the event construction of improvements is confemiNated by the loan evidenced by the Note secured
<br /> her oby, as auditioval security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, We and Interest to any and ag
<br /> monies deposited by or on beha l of Tru ctor with any city, county. public body or agency, sanitary dk*kt, utipty company, and
<br /> any other body or agency, for the instalfstion or to secure the installation of any utility by Trustor. periealning to the Trust Property.
<br /> 19. Corporation or Partnership Existence. If Trustor is a corporation, general partnership, or limited partnership, it will do all things
<br /> necessary to preserve its corporate or partnership existence, as t,'tie case may be, and all rights and g'Nivileges under the laws of the
<br /> state of its incorporation or organization.
<br /> 20. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any tight or remedy hereunder, or otherwise
<br /> afforded by applicable law, shall not be .a waiver of or preclude the exercise of any such tight or remedy. The procurement of
<br /> insurance or the payment of truces or the discharge of hens 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 bylaw for equity, and may be exercised concurrently, independeWly or successively.
<br /> 22. Succes,4raCab *O AsIft&P;'Joint and Several Liability: Captions. The covenants and agreements herein contained shall bind, and
<br /> the rights rereuf5def shaTiriure to, the respective successors and assigns of Seneficiary. 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 pm sions hereof.
<br /> 23. Notice. Except for any notice required under applicable law to be given in anothee .manner, (a) any notice to Trustor provided for in this
<br /> Deed of Trust shall be given by mailing such notice by certified marl, return receipt fo2uested addressed to Trustor at its mailing
<br /> address set forth above or at such other address as Trustor 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 rnafhng
<br /> address stated herein or to such other address as Beneficiary or Trustee may designate by notice to Trustor a, provided herein. Any
<br /> notice provided for in this freed of Trust shall be deemed to have been given,o Trustor, Beneficiary or Trustee when given in the
<br /> manner designated herein.
<br /> 24. Governing Law; Severability. 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 Trust conflicts with applicable law, such confh'ct shall not affect other provisions of this Deed of Trust which can
<br /> be given effect without the 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 foilowing occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br /> of Default"):
<br /> (a) Trustor shall fail to pay when due any principal, interest, or principal and interest on the Indebtedness,
<br /> (b) Any warranty of title made by Trustor herein shall be untrue,
<br /> (c) Trustor shall tail 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 on any financial statements or reports submitted to Beneficiary by or on behalf of
<br /> T rustor shall prove false or materially misleading,
<br /> (e) Trustor shall fail to perform or observe any of the covenants, conditions or agreements contained in, or binding upon Trustor under
<br /> any building loan agreement, security agreement, loan agreement, financing statement, or any other agreement, instrument or
<br /> document executed by Trustor in connection with ,he loan evidenced by the Note,
<br /> (f) A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed, or any of the creditors of Trustor shaft file a
<br /> petition in bankruptcy against Trustor, or for the reorganization of Trustor pursuant to the Federal Bankruptcy Code, or any similar
<br /> law, whether federal or state, and if such order or petition shah not be discharged or dismissed within thirty (30) days after the date
<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 slate, 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 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) Trustor shall 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) If Trustor is a corporation or partnership and more than fifty percent (50%) of the shares or beneficial interests in such corporation or
<br /> partnership, as the case may be, shall be transferred or conveyed, whether voluntarily or involuntarily, without the written consent cf
<br /> Beneficiary Bing first had and obtained.
<br /> 26. Acceleration of Debt: Foreclosure- U,oon the occurrence of any Event of Default, or any time thereafter, Beneficiary may, at its option,
<br /> declare all the indebtedness secured f iereby immediately due and payable and the same shall bear interest at the default rate, if any,
<br /> set forth in the Note, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercises said option, it
<br /> 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:
<br /> (a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any part thereof,, make repairs and
<br /> aiterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without taking
<br /> possession, in its own name, sue for or otherwise collect and receive rents, issues and profits, including those past due and unpaid,
<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 assembie and shall make available to Beneficiary any of the Trust Property which has bE=en removed. The entering upon and
<br /> taking possession of the Trust Property, the coliection 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 defaul: or notice of sale hereunder or
<br /> invalidate any ac! done pursuant to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and
<br /> application of ; eats. issues or profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law
<br /> upon or after the occurrence of an Event o! Default, including the right to exercise the power of sale. Any of the actions referred to in
<br /> this paragr,-roh may o taken by Beneficiaryat such time as Beneficiary may determine without regard to the adequacy of any
<br /> Security for the In 1 rbtodness securer.c, hereby
<br /> h) B,n< cr7~' •!i rya (to :he ,adequacy of any Security for the indebtedness secured hereby. be entitled to the
<br /> ;f i r `)y a iy . t ' > g ;urisdicrier, without noric<a, to take possession of. protect, and mar:ace the Tru r
<br /> E<•. r:r a CC (?r• t 7r reds, issuer and pro ,,t7 ii: erp!r ,
<br /> i s nr 58 his Oeod o! T,kist or en!n.c e a °.f the
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