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<br />lB. Covenants of Trustor with Respact to Leases. Without the prior writtlln consent of BenaflClary~= shall not, dlreclly or Indirectly,
<br />with respect to any lease of space In the Trust Property, or any portion thereof. whether such lease Is now or hereefter In existence:
<br />(a) Accapt or permit any prepayment. discount or advence payment of rent hereunder In excess of one month.
<br />(b) Cancel or terminate the same, or accept any cancellallon. termination or su"ender theTl/Df, or permit any event to occur which would
<br />occur thereunder to terminate or cancef the same. other than termination for nonpayment of rent.
<br />(c) Amand or modify the same so as to reduce the term thereof. tha rental payable thereunder, or to change any renewal provisions
<br />therein contained.
<br />(d) Waive any default thereundllf or breech thereof,
<br />(e) Give any consent, waiver or approvlJl thereundllf or take any other action In connection therewith, or with a lessee thereunder, which
<br />woufd have /tie efffK:r of impairing the value of /tie lessor's Interest thereunder or the property subject therefo, or of Impairing tha
<br />posJtfon or Interest of BeneflclBJy therein, or
<br />(f) Sell. assign, pledge. mortgage or othefWise dispose of. or encumber Its Interest In any said lease or any rents. Issues, profits Issuing
<br />or 8rising thereundllf.
<br />17. Waiver of Statute of Umltalions. Time Is of the essence In all of Trustor's obllgetlons and duties hereunder; and to the elltent permlttlld
<br />by law. Trustor waives all present or future stetutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />any action or proceeding for /tie purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />lB. Assignment of Deposits. In the event constnJctlon of Improvements Is contempleted by thelOBn evidenced by the Note secured
<br />hemby, as additional security therefore. Trustor hereby transfers end assigns to BeneflclBJy. all right, tit/a and Interest to any and all
<br />monies deposited by or on behalf of Trustor with any city, county. public body or agency, sanltBJy district, utility company. and
<br />any other body or agency. for tha Instellation or to secure the instellatlon 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 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 BeneflciBJy Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder. or othefWise
<br />afforded by applicable law. shall not be a waiver 01 or preclude the exercise of any such right or remedy, The procurement of
<br />insursnce or the peyment 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, AI! remedies provided m this Deed 01 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, Succ~ and Assigns Bound; Joint and Several Uablllty; CaptJons. The covenants and egreements herein contained shall bind, and
<br />the righl:l heteunder shaJI inure to. the respective successors and assigns of Beneficiary. Trustee. and Trustor. All covenants and
<br />aglB8llletll:l of Trustor shaJI be joint and several, The captions and headmgs 01 the paragraphs of this Deed of Trust are for
<br />convenience only and are not to be used to Intarpret or define the provisions heTl/Df,
<br />23. Notice. &cept 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 shaJ/ be given by maifing such notice by cerfilied mail, return receipt requested addressed to Trustor at irs mailing
<br />addreu set fot1h above or at such other address as Trustor may deSIgnate by notice to Beneficiary as provided herein. and (b) any
<br />no/icll to Beneficiary or Trustee shaJI be given by cllrfilied mail, retum recllipt requested, to Beneficlary's and Trustee's mailing
<br />address stated hflrejn or to sUCh other address as BenefiCiary or Trusree may designate by notice to Trustor as provided herein. Any
<br />IIOI1ce pttWided IDr In litis Deed 01 Trust shall be doomed to have been gl'len to Trustor, Beneficiary or Trustee when given in the
<br />manner designated hflrejn.
<br />24. Goveming Law; Severability, ThiS Deed of Trust shaH be governed by the laws 01 the Stale ot Nebnlska. In the event any provision or
<br />clluse of I1Iis Deed of Trust conllicts wilfl app/lcablelaw, such conflict shall not aftecl other proviSions 01 this Deed of Trust which can
<br />be given effect wIIhout 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 In event 0/ default hereunder. (heremalter called an "Event
<br />of Default");
<br />(a} Trusror sh8/I f81l to pay when l1Ulllny pnnclpaJ, mteresl, or pnnclpal and Intere51 on the Indebtedness,
<br />(b) Any warranty 01 tit1e made by Trustor h_n sh8/I be untrue,
<br />(C) Trustor shaH fail to obHrw or petform any of the covenants. agreements, or cOtldltJons m this Deed of Trust.
<br />(d) Any representaoon or Watnlnry made by Trustor OIl arty financial statements or reports submittlld ro Beneficiary by :,or on behall of
<br />Trustor shall prove fal$e or matena/ly rrnsleading.
<br />(I) Trustor shaJI fail to perform or obsl/lY8 any 0/ tM covenants, conditions or agreements contained m, or binding upon Trustor under
<br />any tJui1ding loan ~t. sacutlty agreement. loan agreement. 6nanclng statement, or any orMr agreement. instnJmenl or
<br />document e1Cl/CUt8d by TruslOf m cOllflttClion with tile loan eVidenced by lfIe Note,
<br />ro A lrusree. receiver or liquidator 01 the Trust Property or ot Trustor shall be appointed. or any o/the creditors of Trustor shall role t>
<br />petition in ban/cruplCY,lgalnst TruslD<. or for lfIe raorgafltzatJOn at Truslor pursuant to the Federal Bankruptcy Code, or any simlla'
<br />taw. whether feder8/ or state. and If such ordl/l or pelrtlon shall not be discharged or dIsmissed withl" thirty (30) days after the dal!!
<br />on which such order or pebtJon was 6led.
<br />(g) TruslD< shall file a pet/tJoIl pursuant to the Federal Ben/cruptcy Code or any Similar law. fade.al or state. or II Trustor sha/l be
<br />adjudged I ban/crupt. or be declared msolvent. or shaH malte an asSIgnment lor the benefit 0/ creditors. or shall admit in writing its
<br />inability to pay itS debts liS they be<:ome due. or shall consent to tlte appointment 01 a recll1ver of all or any part of the Trust Property,
<br />(h) FinlJl judgment for tile peyment 01 money shaJI be rendered against Trustor and Trustor sha/l not discharge lfIe same. or cause it to
<br />be discharged. withtn thirty (30) days after /tie entry thereof. or shaJI not appeal therefrom or from the order. decree or process upon
<br />which or pursuant to which said judgment was granted. based. or enlered. and secure a stay o/execution pending such appeal.
<br />(i} TruslD< shall SBII or convey the Trust Property. or any part thereof, Of any Interest /herem. Of sha/l be divested of its title. or any interest
<br />rtIenIIn. ,n any manner or way. w~ voIuntanty or mvolunlanly, WltflOUt the wrmen consent of Beneficiary being 6rst had and
<br />oOtlJInIId. or
<br />(jJ II Trustor /s a corporation or partnarshtp and more than 6fty percent (50"10) 0/ the shares Of beneficial interests m such cOrpCJrarion Of
<br />pattnerShiP. as the case may be. shaH be trans/erred or convered. whether voluntarily or involuntarily. wirhout the written consent of
<br />8eneIiciary being first had and obteinfld,
<br />25. AcceIenIfJon of Debt; Foreclosure, Upon tile occurrence of any Event ot De/eun, or any time thereafter. Beneficiary may. at its option.
<br />~ all thfIlndebtrK1ness s<<:urecJ hereby Immediately due and peyable and lfIe same shall bear interest at the default rate. If any,
<br />set IoIttIIn thfI Note. or ortIetwise at tile highest rate permitted by law. and. irrespective of whether Beneficiary exercises said option. It
<br />may. at". option and /fin sole dtscreoon. without any fut1her notice or demand to Of upon Trustor. do one or more of the following:
<br />(a) BeneIIciIIry may 8fltaf upon, IMe possession 01, manage and operate the Trust Property or any part thereof; malte repairs lJnd
<br />~ IIIId do any ecl5 which BenefIcIaty deems proper to protect tile security thereof. and IIIlfIer With or Without taking
<br />~" In its own name. _ lor or ot/IfIlwiSll COllect and fIICI/I'WI rents. issues end profits. including those pest due and Unpald.
<br />IIItd eppJy the same. leu co.sl3l11td e,rpenses 01 operation and coIIaction. mcluding reasonable attorney fees and BeneficJary's
<br />coslI. upon the IIIdfi:lfldneu ltICutlKI hereby and In such order as BeneficiBJy may determine, Upon requesr of Beneficillry, TrustOf
<br />sh.s UHIIIbM and shaJI malte r;aHbIe to Benefrctary any of tM Trust Property which has boon removed, The entering upon and
<br />tM.lIIv pouaa/IM 01 the Trust Property. the collection of any rents, ISSueS and profits, and the appliCat,on thereof as aforesaid. shall
<br />not cure or w..... ."y del..., ~ Of thereafter occumng, or a1fect any notice of de/ault or notice of sale hereunder or
<br />Itlv.....,.,. IItIy eel done purw_1I) any such nofJce, Notwrthstanding ~ficjary's contmuanctl m possession Of receipt end
<br />~ 01 ,.",s. 'sauel or ptOIr/I. Benf;f,cf&'Y ~ be tJllfItled to eXefCtS8 every right pll)wdfNi fry 1M lfliii; DI/iW 0/ Trust Of by la....
<br />upon or ."., ",. occunence 01 ." Event 01 Deflult. Including the "ght 10 exl/'C1se the power 01 sale Any 0/ the actIons ro/el78d 10 1M
<br />IhiI pw-.graph m4ly /:Ie t..... by ~ .t such _ a. BenetlCiary may determin& WIthout f'IIglffO /l) the adequacv 01 any
<br />..:url/}' foI ",. t~ IoBCUfed heteby
<br />(/)) a.n.6aary ahaM. *'Itlouf 'f>91tfd to ",. ~uecy 0I1ItIy lecunty lor lhe Indebtedne.. '9CUrod ".."'by, t>e l.'On//M fa rt>"
<br />___If 01 . ""'_ by ."y COU<T hevtng fU'iadic/Jofl. without notice. to lake POSS"",,'OI1 01 prol9CI, and man"!1I"M r'lI."
<br />~ end _ate ",. ...... end collect ",. tent., 'nUll! end pro"" fhwwlrom
<br />(C) ~,at)' m.y Of1"" any KI'IofI In AnY cOUt1 01 comDeftn1 JUnsd~ to fOTPCIoSf;I lhrs {)fted 0' Trus, (It' tlfJforCfl IIn. of '''f/
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