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<br />16, Covenants of Tlusto, with Respect to Leases. Without the pnor w,itten consent of BenetlclalY, Trusto, shall not, directty 0' Indirectly,
<br />with ,espect to any lease of space in the Trust Property, or any portion thereof. whether such lease /s now or hereafter in existence:
<br />(a) Accept 0' permit any prepayment, discount or advance payment of rent hereundlH In excess of one month.
<br />(b) Cancel or terminate the same, or accept any cancellation, termination 0' sUr/en de, thereof. 0' pe,mit any event to occu, whicl) would
<br />occur thereunder to terminate 0' cancel the same, othe, than termlllation 10' nonpayment of rent,
<br />(c) Amend 0' modify the same so as to reduce the term thereof, the mntal payable thereunder, or to change any renewal provisions
<br />therein contained,
<br />(d) Waive any default thereunder or b,each thereof,
<br />(e) Give any consent, waiver or approvaf thereunder 0' take any other acllon In connectIOn the,ewlth, or with a lessee thereunder, which
<br />would have the effect q(,mpaJring the value of the lessor s Interest thereunder 0' the propelly subJect thereto, or of Impairing the
<br />position or Interest of Beneficlan; therein, or
<br />(f) Sell, assign, ptedge, "/;;OltgageorOiliefwise dispose of, or encumber ItS Interest In any said lease or any rents, Issues, profits issuing
<br />or arising thereunder.
<br />17. Waiver of Statute of Umitations. Time is 01 the essence in all of Trustor's obligations and duties hereunder; and to the extent permitted
<br />by taw, Trustor waives all present 0' future statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any nghts or remedies contained herein.
<br />18. Assignment of Deposits, fn the event construction of improvements is contemplated by the loan evidenced by the Note secured
<br />hereby, as additional security therefore, Trustor hereby transfers and assigns to Benefician;, all right, title and interest to any and all
<br />monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitan; district, utilitv company, and
<br />any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Propelly.
<br />19. Corporation or Partnership Existence. If Trustor is a co,polation, general partnership. or limited partnership, it will do all things
<br />necessan; to preserve its corporate or partnership existence, as the case may be. and all rights and privileges under the faws of the
<br />state of its incorporation or organization.
<br />20, Forbearance by Benefician; Not a Waiver. Any forbearance by Benefician; in exercising any right or remedy hereunder, or othelWise
<br />affordeCi by applicable law, shall not be a waiver of or preclude the exercise of any such right or mmedy. The procurement of
<br />insurance or the payment of taxes or the discharge of liens or charges by Benefician; shiJlI not be a waiver of Benefician;'s right to
<br />accelerate the maturity of the fndebtedness,
<br />21. Remedies Cumufative. 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 by law or equity. and may be exercised concurrently, independently or successivefy,
<br />22. Successors and Assigns Bound; Joint and Several Uability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Benefician;, Trustee, and Trustor, All covenants and
<br />agreements of Trustor shall be joint and severaf. The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience onty and are not to be used to interpret or define the provisions hereof.
<br />23. Notice. Except for any notice required under applicabfe law to be given in another manner, (a) any notice to Trustor provided for in this
<br />Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested addressed to Trustor at its mailing
<br />address .~et forth above or at such other address as Trustor may designate by notice to Benefician; as provided herein, and (b) any
<br />notice to Benefician; or Trustee shafl be given by certified mail, return receipt requested, to Benefician;'s and Trustee's mailing
<br />address stated herein or to such other address as Benefician; or Trustee may designate by notice to Trustor as provided herein. Any
<br />notice provided for in this Deed of Trust shall be deemed to have been given to Trustor, Benefician; 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 01 Nebraska. fn tile event any provision or
<br />clause of this Deed of Trust conflicts with applicable faw, such conflict 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 Defauft. Each of the following occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />of Default"):
<br />(a) Trustor shafl fail to pay when due any principaf, interest, or principal and interest on the Indebtedness,
<br />(b) Any warranty of title made by Trustor herein shall be untrue,
<br />(c) Trustor shafl fail to observe or perform any of the covenants, agreements, or conditions m this Deed of Trust.
<br />(d) Any representation or warranty made by Trustor on any financiaf statements or reports submitted to Benefician; by 0' on behalf of
<br />Trustor shafl prove fafse or matenally mIsleading,
<br />(e) Trustor shall fail to perform or observe any of the covenants, conditions or agreements contained in, or bmding upon Trustor under
<br />any building foan agreement, security agreement, loan agreement, financing statement, 0' any other agreement, instrument or
<br />document executed by Trustor In connection with the loan evidenced by the Note,
<br />(f) A trustee, receiver or liquidato, of the Trust Propelly or of T'ustor shafl be appointed, or any of the creditors of Trustor shall fife a
<br />petition in bankruptcy against Trustor. 0' for the reorganization of Twstor pursuant to the Federal Bankruptcy Code, or any similar
<br />law, whether federal or state, and if such order or petition shall not be discharged or dismissed within thilly (30) days after the date
<br />on which such order or petition was fifed,
<br />(g) Trustor shafl fife a petition pursuant to the Federal Bankruptcy Code or any similar faw, 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 pay its debts as they become due, or shall consent to the appointment of a receiver of all or any part of the Trust Propelly,
<br />(h) Finaf judgment for the payment of money shafl be rendered against Trustor and Trustor shall not discharge the same, or cause it to
<br />be discharged, within thilly (30) days after the entn; thereof, or shall not appeal therefrom 0' from the orde" 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 sefl or convey the Trust Propelly, or any part thereof, or any interest therem, or shall be divested of its title, or any interest
<br />therein, in any manner or way, whether vofuntarily or involuntarily, without the written consent of Beneficlan; bemg first had and
<br />obtained, or
<br />(j) If Trustor is a corporation or partnership and mom than fifty percent (50%) of t,'1e shares or beneficial interests in such corpfJ,ation or
<br />partnership, as the case may be, shall be transferred or conveyeCi, whether voluntarily or involuntarily, without the written consent of
<br />Benefician; being first had and obtained.
<br />26. Acceleration of Debt; Forecfosure. Upon the occur/ence of any Event of Default, or any time thereafte" Benefician; may, at its option.
<br />declare all the Indebtedness secured hereby immediately due and payable and the same shall bear Interest at the default,are, if any.
<br />set forth in the Note, or othelWise at the highest rate permitted by law, and, ir/espective of whether Benefician; exercises said option, it
<br />may, at its option and in its sofe discretion, without any further notice or demand to or upon Tlustor, do one or more of the following:
<br />(a) Benefician; may enter upon, take possession of, manage and operate the Trust Property or any part thereof; make repairs and
<br />alterations and do any acts which Benefician; deems proper to protect the security thereof, and either with 0' without takmg
<br />possession, in its own name, sue for or othelWise collect and receive rents, issues and profits, mcluding those past due and unp8/d,
<br />and apply the same, less costs and expenses of operation and coflection, including reasonable attorney fees and Beneficlan;'s
<br />costs, upon the Indebtedness secured he,eby and in such order as Benefician; may dete,mine. Upon request of Benefician;, TrustOl
<br />shall assembfe and shall make availabfe to Beneficiary any of the Trust Property which has been removed. The entering upon and
<br />taking possession of the Trust Propelly, the colleclion of any rents. issues and profits, and the appbcation thereof as afores8/d. shall
<br />not cure or waive any default theretofore or thereafter occur/ing, or affect any notice 01 delault or notice cl sale hemunder 0'
<br />invalidate any act done pU/suant to any such notice, Notwithstandmg Beneliciary's cOlltinuance in possession or receIpt and
<br />application of rents, Issues or plofits, Beneficlan; shall be entitled to exercise every nght prOVided lor In thiS Deed of Trust 0' by law
<br />upon 0' after the occurrence of an Event 01 Default, including the nghtto exerCIse the powe, 01 sale Any 01 the actions wler/ed (0 If)
<br />this paragraph may be taken by Beneficion; at SIICI) time as Beneliclary may determme without IegiJ,d to the adequacy 01 any
<br />secu,ity for the Indebtedness secll/ed he,eby.
<br />(b) Benefician; shaff, without rega,d to tho adequacy 01 any secunty fa, tile Indebtedness secured IJo,eby be enWoc/lo tllO
<br />appointment of a receIVe, by any cou,t Ilavmg jUllsdictlon, without notice, to take possess/on of. protect and milni1({p rfle (rllS'
<br />Prop8lry and operate tl10 same and collect the 'onts. ISSUBS and prolUs (flom/rom
<br />fe) Benaficiary !7)ay bflng any action many COLJrt of COfnpetont /uns(Jtcflon to 'nrvclose {h,.<:; De'-)f1 of Trllst Of (In!(v( f' a!1\ .-)' rile
<br />covollants heroof
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