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<br />16, Covenants of Trustor with Respect to Leases. Without the prior written consent of Bene>>iary, Trust?r shall not, directly or In.dlmct/y,
<br />with respect to any (ease of space in the Trust Property, or any portion thereof, whether such lease IS now or hereafter In eXistence:
<br />(a) Accept or permit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br />(b) Cance( or terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which vlou(d
<br />occur thereunder to terminate or cancel the same, other than termination for nonpayment of rent,
<br />(c) Amend or modify the same so as to reduce the term thereof, the renta( payable there:under, or to change any renewal provisions
<br />therein contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(a) Give any consent, waiver or approvaJ thereunder or take any other action in connection therewith, .or with a lessee t~ere~~der, which
<br />would have the effect 0/ impairing the value of the lessor's interest thereunder or the property subject thereto, or of Impalflng the
<br />position or interest of Beneficiary therein, or
<br />(/) Sell, assign, pledge, mortgage or otherwise 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 of the essence in all of Trustor's obligations and duties hereunder; and to the extent permitted
<br />by (aw, Trustor waives all present or future statutes of (imitations 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 rights or remedies contained herein.
<br />18, Assignment of Deposits, In the event construction of improvements is contemplated by the (oan evidenced by the Note secured
<br />hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, titfe and interest to any and all
<br />monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, uWity 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 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 preseNe its corporate or partnership existence, as the case may be, and all rights and privi(eges 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 right or remedy hereunder, or otherwise
<br />afforded byapplicabfe law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />insurance or the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to
<br />accelerate the maturity of the Indebtedness.
<br />21. Remedies Cumu(ative, All remedies provided in this Deed of Trust are distinct and cumulai Ie 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 successiveJy.
<br />22. Successors and Assigns Bound; Joint and Several Uability; Captions. The covenants and agreements herein contained shall bind, and
<br />the righis hereunder shafl inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. AfI covenants and
<br />agreements of Trustor shafl be joint and severa(. The captions and headings of t;ie paragraphs of this Deed of Trust are for
<br />convenience only and are not to be used to interpret or define the proviSions hereof.
<br />23, Notice, Except for any notice required under applicable 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, retuln receipt requested 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 mailing
<br />address stated herein or to such other address as Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any
<br />notice provided fer in this Deed of Trust sha!l be deemed to have been given to Trustor, Beneficiary or Trustee when given in the
<br />manner designated herein.
<br />24. GO'lerning Law; Severabifity. 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 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 dec(ared to be severable.
<br />25, Events of Default. Each of the following occurrences shall constitute an event of default hereunder, (hereinafter caJled 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 shatl be untrue,
<br />(c) Trustor shall fail to obseNe 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 />Trustor shall prove false or materially misleading,
<br />(e) Trustor shall fail to perform or obseNe 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 the 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 shall file a
<br />petition in bankruptcy against Trustor, or for the reorganization of Trustor pursuant to the Federa( Bankruptcy Code, or any similar
<br />law, whether federa( or state, and if such order or petition shall 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 siml1ar law, federal or state, or if Trustor shall be
<br />adjudged a bankrupt, or be declared insolvent, or sha(1 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 seil or convey the Trust Property, or any part thereof, or any interesl therein, or shall be divested of its title, or any interest
<br />therein, in any manner or wa,., whether voluntarily or involunta".ly, 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 of
<br />Beneficiary being first had and obtained,
<br />26, Accele;ation of Debt; Foreclosure. Upon the occurrence of any Event of Default, or any time thereafter, Beneficiary may, at its option,
<br />declare ail the Indebtedness secured hereby immediately due and payable and tile same shall bear interest at the default rate, ii any,
<br />set forth in the Note, or otherwise at the highest rate permitted by (aw, 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 />alterations 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 colfect and receive rents, issues and profits, inc(uding those past due and unpaid,
<br />and appfy 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 Benel'i~iary may determine. Upon request of Beneficiary, Trustor
<br />shaf/ assemble and shall make avai(able to Beneficiary any of the Trust Prope ty which has been removed. The entering upon and
<br />taking possession of the Trust Property, the co(fection of any rents, issues an'j profits, and the application thereof as aforesaid, shall
<br />not cure or waive any default theretofore or thereafter occurring, or affect a~(y notice of default or notice of sale hereunder or
<br />invalidate any act done pursuant to any such notice. Notwithslflnding Beneficiary's continuance ill possession or receipt and
<br />application of rents, issues or profits, BenefiCiary shall be entitled to exercise every right provided for III thiS Deed of Trust or by law
<br />upon or afrer the occurrence of an Event of Default, Including the right to exercise the power of sale. Any of the actions referred to III
<br />this paragraph may be taken by Beneficiary at such time 85 BenefIciary may determine without legl1rd to the adequacy o( any
<br />security for the Indebtedness secured hereby.
<br />(b) Benefic;ary shall, without regard to the adequacy of any security for the Indebtedness secured hereby. be entitled to the
<br />sppointmtmt of a rccoiver by any cOllr' having Jurisdiction, Wl/fiout notico, to take possasSlOn of, prOlect, and manago rile Trust
<br />Property and operate the sarno and collect tho rOllls, issuos and pro/its thorofrom
<br />(c) Beneficiary may bring any action in any cowl of comflotent jurisdIctIOn 10 foreClose /IllS Deed of 1rllSl or (>olc1Ic(, nlW of It/(!
<br />Covenants homo'
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