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<br />8. If during the existence of this Trust, there shall be threatened, commenced or pending any suit o~~=af!~~a!~~e
<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, and defend the same, or otherwise take such action as they may deem advisable and
<br />settle or cOlUpromise the same or the adverse claim; and in that regard and for any of such purposes may pay and expend such sums
<br />of !nuney as Trustee or Beneficiary 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 t.grees 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 reasonably required by Beneficiary.
<br />Trustor hereby relinquishes all right of dower and homestead in and to the Trust Property.
<br />10. Trustor will pay all taxes, assessments and other public charges upon the Trust Property before the same by hi'S .':",:Qme
<br />delinquent and when any such taxes, assessments or public charges shall be levied upon the Note secured by this Deed or !',,"1.;t. (r
<br />upon the Trustee of Beneficiary, or upon their successors or assigns. On account of said debt or the lien of this Deed of Trust ,.-Kcept
<br />income taxes) Trustor will pay such taxes. assessments or public charges prior to the time the same shall, by law, become
<br />delinquent.
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<br />It. If Beneficiary shall so request, Trustor a61"ees that there shall be added to each periodic payment required to be made
<br />hereunder and amount estimated by Trustee to be sufficient to ena,ble Trustor to pay, at least 30 days before delinquency, all taxes.
<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 Deed 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 sums 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 occupants. a description of the space
<br />occupied by such tenants and occupant, the rental payable for such space and such other information and documents with respect to
<br />such leases and tenancies as the Trustee may request.
<br />14. All payments made under th,' provisions of this Deed of Trust. of the Note secured 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, Trustor shall not, directly or indirectly. with respect to any lease of space in the
<br />described premises, whether such lease is now or hereafter in existence; la) accept or permit any prepayment. discount or 3d1.'ance
<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 entit.le the lessee thereunder to terminate or cancel the same: (cl 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 dt'faull
<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 />subject thereto, or of impairing the position or interest of the Trustee or Beneificiary; or (f) sell. assign. pledge. mortgage or
<br />otherwise dispose of, or encumber, its interest in any such lease or nny rents, issues or profits issuing or arising thereunder.
<br />16. Trustor agrees that: (a) the duties 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 fo. ~"e 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 such funds or adequRte
<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 find protecton in the respect of any action taken or suffered by it
<br />hereunder in good faith and in reliance thereon; (d) Trustee shall not be liable for any action taken by it in good faith and reasonabl,y
<br />believed by it. to be authorized or within the discret.ion or right.s 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 hereunder:
<br />a. Trustor shall have failed to make payment of any installment of interest, principal or principal and interest on any note
<br />secured 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 contained in any of the loan instruments.
<br />c. If the Trustor shall at any time become insolvent within the meaning of 11 V.S.C. Section 101l261. as now constituted or
<br />hereafter amended. or shall cease generally to puy Its debts as such debts become due.
<br />18. Should an event of default occur Beneficiary may declare all indebtedness secured hereby t.o be due and paynbt~ dnd the stlm~
<br />shall thereupon become due and payable withour. any present.ment, demand, protest or notice of any kind. Thereafter Trustee or
<br />Beneficiary shall be entitled at any time, at its option and without regllrd to the value of the security or the solvenc~' or insoh'ency of
<br />Trustor. to enter upon and take possession of the Trust Property, or any part thereof. and t.o do IInd perform such acts ns mny be
<br />necessary or proper to repair, prot.ect and conserve the value thereof. and to rent or lease the same. or an~' part then 'Of. upon such
<br />rental, terms and conditions as its judgment may dictate, and to collect and receive the rents, issues and profits thero!. which snid
<br />rents issues and profit.s, present IInd future, lire hereby IIssigned to the Trustee as further sl.'curity. but which assignment Tnlstee
<br />agrL't!B not to enfort:e so long liS no defllult hilS occured.
<br />19. Should Beneficiary elect t.o foreclose by exercise of the Power of Sale herein contained, Tnlstec shall procl't'd to sell said
<br />property pursuant to law lifter giving 1111 notiees of default, and noticeB of sale as providl!d by law.
<br />20. Trustor expressly covenants and agrees to pay IInd discharge 1111 costs, fees and expenses of t.his Trust. induding. in llll' ,'\'ent
<br />of sale by the Trustee of the Trust Property, the Trustee's costs, expenses nnd fees. which shall not exceed $500.00 plus I,: of I it. of
<br />the amount secured hereby and remaining unpaid.
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