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200210366 <br />(f) give any consent, waiver or approval thereunder or lake any other action in connection <br />therewith, or with a tenant thereunder, which would have the effect of impairing the value <br />of the Trustee's interest thereunder or the property subject thereto, or of impairing the <br />position or interest of Beneficiary therein; or <br />(g) sell, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any <br />lease or any rents, issues, profits issuing or arising thereunder(other than to Beneficiary). <br />15. Assignment of Rents. Truster hereby assigns to Beneficiary all rents, issues and profits <br />now due or which may hereafter become due under or by virtue of any lease, whether written or verbal, <br />or letting of, or of any agreement for the use or occupancy of the Trust Properly, or any part thereof <br />(hereinafter called the "Rents ") and Trustor hereby confers upon Beneficiary the right, power and <br />authority to collect all Rents hereby, irrevocably appointing Beneficiary its true and lawful <br />attomey -in -fact to demand, receive and enforce payment, to give receipts, releases and satisfactions, and <br />to sue in the name of Truster for all Rents and to apply the same to the Indebtedness. Without limiting <br />the foregoing, Beneficiary shall have the right to notify all tenants and occupants of the Trust Property to <br />pay Beneficiary all Rents due or to become due. <br />16. Waiver of Statute of Limitations. Time is of the essence in all of Tmstor's obligations <br />and duties hereunder; and to the extent permitted by law, Truster waives all present or future statutes of <br />limitations with respect to any debt, demand or obligation secured hereby and any action or proceeding <br />for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein. <br />17. Assignment of Deposits. In the event construction of improvements in or upon the Trust <br />Property is hereafter undertaken, Trustor hereby transfers and assigns to Beneficiary, as additional <br />security for the Indebtedness, all right, Lille and interest to any and all monies deposited by or on behalf <br />of Trustor with any city, county, public body or agency, sanitary district, utility company, and any other <br />body or agency, for the installation or to secure the installation of any utility or improvement by Trustor, <br />pertaining to the Trust properly. <br />18. Comorate Existence. Trustor is a corporation duly organized and existing under the laws <br />of the State of Delaware and authorized to transact business in the State of Nebraska. Trustor covenants <br />that the execution and delivery of the Note, this Deed of Trust and all other documents, instruments and <br />agreements executed and delivered in connection herewith have been duly authorized. <br />19. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising <br />any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or <br />preclude the exercise of any such right or remedy. The procurement of insurance or payment of taxes or <br />the discharge of liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate <br />the maturity of the Indebtedness. <br />20. Remedies Cumulative. Ali remedies provided in this Deed of Trust are distinct and <br />cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may <br />be exercised concurrently, independently or successively. <br />21. Successors and Assigns Bound; Cannons. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of <br />-6- <br />