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<br />16. Covenants of Trustor with Respect to Leases, Without the prior written consent of Beneficiary, Trustor shall not, directly or Indirectly,
<br />with respect to any lease of space in the Trust Property, or any portion thereof, whether sucll 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) Cancel or terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would
<br />&.0" occur thereunder to terminate or cancal the same, other than termination for nonpayment of rent, I
<br />C\':) (c) Amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions
<br />CO therein contained,
<br />C\t! (d) Waive any default thereunder or breach thereof,
<br />c:> (e) Give any consent, waiver or approvi'JI thereunder or take any other action In connection therewith, or with a lessee thereunder, which
<br />r would have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />position or interest of Beneficiary theraln. or
<br />00 (f) Sell, assign, pledge, mortgage or otherwise dispose of, or encumber Its Interest In any said lease or any rents, Issues, profits Issuing
<br />00 or arising thereunder,
<br />17. Waiver of Statute of Umitetions. Time is of the essence In all of Trustor's obligations and duties hereunder; and to the extent permittad
<br />by law, Trustor waives all presen,t or 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 rights or remedies contained herein,
<br />1 B. Assignment of Deposits, In 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 Beneficiary, all right, titie and Interest to any and all
<br />monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary dlstric;t, utility company, and
<br />any other body or agency, for the installation or to secure tha 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 />necessali' to preserve its corporate or partnership existence, as the case may be, and all rights and privileges 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 by applicable law, shall not be a waiver of or precfude 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 Cumulative. 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 successively,
<br />22, Successors and Assigns Bound; Joint an(j Several Uabillty; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall Inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. All covenants and
<br />agreements of Trustor shall be joint and several. The captions and headings of the 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 mall, return 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 mall, return receipt requested, to Beneficiary's and Trustee's maifing
<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 for In this Deed of Trust shall be deemed to have been given to Trustor, Beneficiary Dr Trustee when given in the
<br />manner deSignated herein,
<br />24. Goveming Law; Severability, 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 enect without the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable.
<br />25, Events of Default, Each of the following occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />of Default"):
<br />(a) Tmstor 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 shall be untrue,
<br />(c) Trustor shall fail to observe 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 observe 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 fila a
<br />petition in bankruptcy against Trustor, or for the reorganization of Trustor pursuant to the Federat Bankruptcy Code, or any similar
<br />law, whether federal 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 flied,
<br />(g) Trustor shall file a petition pursuant to the Federal Bankruptcy Code or any similar law, 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 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 sell or convey the Trust Property, or any part thereof, or any Interest therein, or shall be divested of Its title, or any interest
<br />therein, in any manner or way, whether voluntarily or Involuntarily, 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, Acceleration of Debt; Foreclosure, Upon the occurrence of any Event of Default, or any time thereafter, Beneficiary may, at its option,
<br />declare all the Indebtedness secured hereby Immediately due and payable and the same shall bear interest at the default rate, if any,
<br />set forth in the Note, or otherwise at the highest rate permitted by law, 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 10110 wing:
<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 collect and receive rents, issues and profits, including those past due and unpaid,
<br />and apply the same, less costs and expenses 01 operation and collection, including reasonable attorney fees and Beneficiary's
<br />costs, upon the Indebtedness secured hereby and in such order as Beneficiary may datermlne. Upon request of Beneficiary, Trustor
<br />sha/l assemble and shall make available to Beneficiary any of the Trust Property which has been removed, The entering upon and
<br />tal<ing possession of the Trust Property, the collection 01 any rents, Issues and profits, and the application thereof as aforesaid, shall
<br />not cure or waive any default Iheretolore or thC'reafter occurring, or affect any notice of default or notice of sale hereunder or
<br />invalidate any act done pursuant to any such notice, Notwithstanding Beneficiary's continuance in possession or receipt and
<br />application of rents, Issues or profits, Beneficiary shall be entitled to exercise every ,-/ght provided for in this Deed 01 Trust or by law
<br />upon or after the occurrence of en Event of Default, Including the right to exercise the power 01 safe, Any of the actions reterred to In
<br />this paragraph may be taken by Beneficiary at such time es Beneficiary may determine without regard to the adequacy 01 any
<br />socurity for the IndeDtor1noss securor1 hereby.
<br />Ib) Beneliciary shall, without regard to tho adequacy of any security for the Indebtedness secured hereby, be entltfed to rho
<br />appointment of a receiver by lIny court having jurisdiction, without notice. to take possession of, protecl, and manage If,,? Trusr
<br />Property and operate tho same and collect the rents, Issues and profits therefrom
<br />Ie) BenefiCiary may bring any aClion in any coul'1 01 competent JurisdictIOn to foreclose thiS Deed 01 Trust or I?r,'orcf' IIny 0' tIle
<br />covenants hereot
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