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<br />B. If during the existence of this Tnlsl. there shall be threatened. commenced or pending any suit or action affecting any of the
<br />Trust Property, the title thereto or the priority of the lein of this Deed of Trust thereon, or if any adverse claim for or against the
<br />Trust Property, or any part thereof, be made or asserted, the Trustee, Beneficiary, or both, may appear or intervene in any such
<br />suit or action, retain legal counsel therein, und defend the same. or otherwise take such action as they may deem advisable and
<br />settle or compromise the same or the adverse claim; and in that regard and for any of such purposes may pay and expend such sums
<br />of money as Trustee or l3enefidary may deem advisable, which sums shall be deemed to have been advanced hereunder and secured
<br />by this Deed of Trust.
<br />9. Trustor hereby covenants, warrants and hgrees with Beneficiary. its successors and assigns, that Trustor owns the Trust
<br />Property free from any prior lien or encumbrance, that this Deed of Trust is and will remain a valid and enforceable first lien on the
<br />Trust Property, that Trustor will preserve such title and will forever warrant and defend the same to the Beneficiary and will forever
<br />warrant and defend the validity and priority of the lien hereof against the claim of all persons and parties whomsoever. Trustor will
<br />make such further assurance or assurances to perfect its title to the Trust Property as may be r'3asonably required by Beneficiary.
<br />Trustor hereby relinquishes all right of dower and homestead in Ilnd to the Trust Property,
<br />10. Trustor will pay all taxes, assessments and other public charges upon the Trust Property before the same by law become
<br />delinquent and when any suc::h taxes, assessments or public charges shall be levied upon the Note secured by this Deed or Trust. or
<br />upon the Trustee of Beneficiary, or upon their successors or assigns. On ac::count of said debt or the lien of this Deed of Trust (except
<br />income taxes) Trustor will pay such taxes, assessments or public charges prior to the time the same shall. by law. become
<br />delinquent.
<br />11. If Beneficiary shall so request, Trustor agrees that there shall be added to each periodie payment required to be made
<br />hereunder and amount estimated by Trustee to be> sufficient to enable 'frust.or to pay. at least 30 days before delinquency, all taxllS,
<br />assessments or other public charges against the Trust Property, the Note secured by this Deed of Trust. or upon account of the or
<br />the lien of this Trust Deed, together with premiums for insurance reqUired to be provided under this Dccd of Trust and no interest
<br />shall be payable to Trustor in respect thereof. Upon demand by Trustee, Trustor shall deliver to Trustee such additional slims of
<br />money as are necessary to make up any deficiency in the amounts necessary to enable Trustee to pay any of the foregoing items.
<br />12. Trustor, at its expense, will execute and deliver to the Trustee, promptly upon demand, such security interests as may be
<br />required by Trustee, in form and substance satisfactory to Trustee. covering any of the Trust Property conveyed by this Deed of
<br />Trust. which security instruments shall be additional security for Trustor's faithful performance of all of the terms, covenants and
<br />conditions of this Deed of Trust, the Note secured hereby, and any other security instruments executed in connection with this
<br />transaction. Such instruments shall be recorded or filed and rerecorded and refiled, at Trustor's expense.
<br />13. Within 10 days after demand, Trustor shall furnish to Trustee a schedule certified to by Trustor, setting forth all leases of
<br />space in the Trust Property then in effect. including, in each case, the name of the tenants and oceupants, a description of the space
<br />occupied by such tenants and occupant, the rental psyable for such space and sueh other information and documents with respect to
<br />such leases and tenancies as the Tmstee may request.
<br />14. All payments made under th., provisions of this Deed of Trust, of the Note seeured hereby, which may be construed as
<br />interest, shall not in the aggregate over the term hereof. exceed the rate that may be lawfully contracted in writing in the State of
<br />Nebraska,
<br />15. Without the prior written consent of Trustee, TruRtor shall not, direetly or indirectly. with respect to any lease of space in the
<br />deseribed premises, whether such lease is now or hereafter in existence; (al accept or permit any prepayment, discount or advance
<br />rent payable thereunder; (bl cancel or terminate the same. or accept any cancellation, termination, or surrender thereof, or permit
<br />any event to occur which would entitle the lessee thereunder to terminate or cancel the same; lcl amend or modify the same so as to
<br />reduce the term thereof. the rental payable thereunder. or to change any renewal provisions therein contained; (dl waive any default
<br />thereunder or breach thereof; {el give any consent, waiver or approval thereunder or take any other action in connection therewith.
<br />or with a lessee thereunder, which would have the effect of impairing the value of lessor's interest thereunder, or the property
<br />subjec::t theret.o. or of impairing the position or interest. of the Trustee or l3eneificiary; or (fl sell, assign, pledge. mortgage or
<br />otherwise dispose of, or encumber. its interest in any such lease or any rents, issues or profits issuing or arising thereunder.
<br />16. Trustor agrees that: la) the dutie!l and obligations of Trustee shall be determined solely by the express provisions of this Deed
<br />of Trust and Trustee shall not be liable except fOI ~l-te performance of such duties and obligations as are specifically set forth herein,
<br />and no implied covenants or obligations shall be imposed upon Trustee; (bl no provision of this Deed of Trust shall require Trustee
<br />to expend or risk its own funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder. or in
<br />the exercise of any of its rights or powers, if it shall have grounds for believing that the repayment of sueh funds or adequate
<br />indemnity against such risk or liability is not reasonably assured to it; lei Trustee may consult with counsel of its own choosing and
<br />the advice of such counsel shall be full and complete authorization and protecton in the respect of any action taken or suffered by it
<br />hereunder in good faith and in reliance thereon; (dl Trustee shall not be liable for any action taken by it in good faith and reasonably
<br />believed by it to be authorized or within the discretion or rights of powers conferred upon it by this Deed of Trust.
<br />17. Events of Default. Any of the following events shall be deemed an event of Default hercunder:
<br />8. Trustor shall have failed to make payment of any installment of interest. principal or principal and interest on any note
<br />secureQ hereby or any other sum secured hereby when due; or failed to make any payment on any obligation to Beneficiary when
<br />due.
<br />b. There has occurred a breach of or default under any term, covenant, agreement, condition. provision. representation or
<br />warranty cont.ained in any of the loan instruments.
<br />c. If the Truator shall at any time become insolvent within the meaning of 11 U .S.C. Section 10 1(261. as now constituted or
<br />hereafter amended, or shall cease generally to pay its debts as such debts become due.
<br />18. Should an event of default occur Beneficiary may declare all indebtedness secured hereby to be due and payable and the same
<br />shall thereupon become due and payable without any presentment, demand. protest or notice of any kind. Thereafter Trustee or
<br />Beneficiary shall be entitled at any time, ot its option and without regard to the value of the security or the solvency or insolvcncy of
<br />Trustor. to enter upon and take possession of the Trust Property, or any part thereof. and to do and perform such ucts as may be
<br />necessary or proper to repair, protect and conserve the value thereof. and to rent or lease the same. or any part thereof. upon such
<br />rental, terms and co,dition~ os its judgment may dictl!te, and to collect and receive the rents. issues and profits therof. which said
<br />rents issues and profits. prescntand future. ore hereby assigned to the Trustee as further security. but which assignment Trustee
<br />agrees not to enforce so long as no default has occured.
<br />19. Should Beneficiary elect to forel'lose by exercise 01 the Power of Sale herein contained, Trustee shall proceed to scll said
<br />property pursuant to law aftcr giving all notices of default, and notices of sale as provided by law.
<br />20. Trustor expressly covenants und agrccs to pay and dischorge all costs, fees and expenses 01 this Trust. including, in the event
<br />of sale by the Trustee of the Trust Property, the Trustee's costs, expenses and fees, which shall not exceed $500.00 plus '/2 of 1 % of
<br />t.he amount secured hereby and remaining unpaid.
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