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<br />16, Covenants 01 Trustor with Respect to Leases, Without the prior written consent 01 Beneficiary, Trustor shall not, directly or Indirectly,
<br />with respect to any lease 01 space in the Trust Property, or any portion thereol, whether such lease Is now or hereafter In existence:
<br />(a) Accept or permit any prepayrnen~ discount or advance payment of rent hereunder In excess of one month,
<br />(b) Cancet or terminate the same, or accept any cancellation, temllnation or surrender thereof, or permll any event to occur which would
<br />occur thereunder to terminate or cancel the same, other than termination lor nonpayment of rent,
<br />... (c) Amend or modify the same so as to reduce the term thereol, the rental payable thereunder, or to change any renewal provisions
<br />= therein contained,
<br /><:> (d) Walve any default thereunder or breach thereof.
<br />~ (e) Give any consent, walver or approval thereundar or take any other action In cO{lnect!ontherewlth, or with a lessee thereunder, which
<br />Q would hllV8 the effect of Impairing the value 01 the lassor's Interest thereunder or the property subject thereto, or of Impairing the
<br />position or Interest of Benet/clary therein, or
<br />... (f) SeD, assign, pledge, mortgage or otherwise dispose of, or encumber Its Interest In any sald lease or any rents, Issues, profits Issuing
<br />or arising thereunder,
<br />17. Walver of StIJlute of Umltations, Time Is of the essence In all of Trustor's obligations and duties hereunder; and to the extent permitted
<br />, by law, Trustor waives all presant or future statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />CIO any setion or proceeding lor the purpose of enlorclng this Deed of Trust or any rights or remedies contained herein,
<br />00 78, Assignment of Deposits, In the event construction of Improvements Is contemplated by the loan evidenced by the Note secured
<br />hereby, as additional security therelore, Trustor hereby transfers and assigns to Beneficiary, all right, title and Interest to any and all
<br />monies deposited by or on behalf 01 Trustor with any city, county, public body or agency, sanitary district, utility company, and
<br />any other body or agency, lor the Installation or to secure the Installation 01 any utility by Trustor, pertaining to the Trust Property,
<br />19, Corporation orpartnershlp E~lstence. /I Trustor Is a corporation, general partnership, or limited partnership, It will do all things
<br />necllssary to preserve Its corporate or pertnershlp existence, as the case may be, and all rights and privileges under the laws 01 the
<br />state of Its Incorporation or organization,
<br />20, Forbearance by Beneficiary Not a Welver, Any lorbearance by Beneficiary In exercising any right or remedy hereundllr. or otherwise
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise 01 any such right or remedy. The procurement of
<br />Insurance or the payment 01 taxes or the discharge of liens or charges by Beneficiary shall not be a waiver 01 Beneliciary's right to
<br />accelerate the maturity 01 the Indebtedness,
<br />21, Remedies Cumulative, All remedies provided in this Deed of Trust are distinct and cumuletlve to any other right or remedy under this
<br />Deed 01 Trust or afforded by law or equity, and may be eKerclsed concu"ently, independently or successively.
<br />22. Successors and Assigns Bound; Joint and Several Uablllty; Captions, The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall Inure to, the respective successors and assigns 01 Benellclary, Trustee, and Trustor. All covenants and
<br />agreements of Trustor shall be joint and several. The captions end headings 01 the paragraphs 01 this Deed 01 Trust are lor
<br />convenience only and are not to be used to Interpret or define the provisions hereol.
<br />23. Notice, Except lor any notice required under applicable law to be given In another manner, (a) any notice to Trustor provided lor 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 certilled 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 for In this Deed of Trust shall be deemed to have been given to Trustor, Beneficiary or Trustee when given In the
<br />manner designated herein,
<br />24, Governing Law; Severability, This Deed 01 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 conn/ct shall not af/ect other provisions 01 this Deed of Trust which can
<br />be given effect without the conn/ctlng provisions and to this end the provisions 01 thiS Deed 01 Trust era declared to be severeble,
<br />25, Events of Default. Eech 01 the following occurrences shall constitute an event of delault hereunder, (hereinafter called an "Event
<br />of Default"):
<br />(a) Trustor shalllall to pey 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 fall to observe or perform any ollhe covenants, agreements, or conditions m this Deed 01 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 Ialse 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 01 Trustor shall be eppomted. or any of the creditors 01 Trustor shall file a
<br />petition In bankruptcy against Trustor, or lor the reorganization 01 Trustor pursuant to the Federal Bankruptcy Code, or any similar
<br />law, whether federal or state. and il 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 similar taw, lederalor state, or if Trustor shall be
<br />adjudged a bankrupt, or be declared insolvent, or shall make an assIgnment lor the benefit 01 creditors, or shall admit in writing its
<br />Inability to pey its debts as they become due, or shall consent to the appointment 01 a receiver 01 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 therelrom 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 eKecution 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 />(jJ It Trustor is e 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 01 any Event of Delaull, or any time thereafter, Beneficiary may, at its option,
<br />declare BII the Indebtedness secured hereby Immediately due and payable and the same shall bear interest at the default rate, il any,
<br />set forth In the Note, or otherwise et the highest rate permitted by law, and, I"espectlve of whether Beneficiary eltercises said option, it
<br />mBY, 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) Benet/cillf)' may enter upon, take possession 01, manage and operate the Trust Property or any part thereol; make repairs and
<br />alterations and do any sets whIch Beneficiary deems proper to protect the security thereol, and either with or without taking
<br />possession. In Its own name, sue lor or otherwise collect and receive rents, issues and profits, including tllose past due and unpaid,
<br />and apply the same, less costs and expenses 01 operation and cof/ection, including reasonable attorney fees and Beneficiary's
<br />costs, upon the Indebtedness secured hereby and in such order as Beneficiary may determine. Upon request 01 Beneficiary, Trustor
<br />shal/assemble Bnd shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and
<br />takinQ possession of the Trust Property, the cof/ection 01 any rents, issues and prolits, and the application thereof as aforesaid, shall
<br />not cure or waive any default theretolore or theroafter occu"lng, or affect any notice of delaull or notice 01 sale hereunder or
<br />Invalidate any set done pursuant!O any such notice, Notwithstanding Beneficiary's conllnuance In possessIon or receipt and
<br />application 01 ",nts, issues or profits, Benelieiary shall be entitled to oJlerclse overy right prOVided lor In thiS Deed at Trust or by law
<br />upon or ah~ the occurrence of an Event 01 Default, including the right to exercise the power of sale Any of fhe actions relerred fa In
<br />this plIfaQraph may be taken by Beneficiary at such flme as Beneficiary may determme without regtJrd to lI1e adequac:y of anv
<br />security for the Indebtedness secured hereby.
<br />(b) BeneficlBry shal" without regard to the Bdequacy ot any security lor the Indebfedness secured hereby, be on/ltlod to 1110
<br />appointment of a receiver by any courT having jurisdiction, without notice, to take possessIon at. protect and manage till' Trust
<br />Property and operate the same and coltect the rents, issues and profits therefrom
<br />(c) Beneliclary mey brifIrJ any action in any court of compefent lunsdlctlon to tomc/o." thIS [)Pod 01 t ru..' ClI ""'orc(> ""v 01 tile
<br />covenent) hereol
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