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<br />'6. Covenants oJ 7rustar with Respect to Losses. Without tho prior written consont of Bonol/c/ary, T,usro~s~a-;;ol, d!gy1r~J?,o~/y,
<br />with respect to any lease of space In the Trost Properry. or any portion thoreor. whothor such loaso Is now Of heroafter In oxlstonco:
<br />(a) Accept 01 permit any prnpayment, discount or advance payment of ronl heroundof In excess of ono month.
<br />(b) Cancel or rermillste the same, Of accept any cancellotion, torm/natlon or surrender thereof, or permit any event to occur which would
<br />occur rttereunder to tennlnate or csncellhe same, othor than termination for nonpayment of rent,
<br />(c) Amend or modify Ihs sams so as 10 roduca Ihe Is,," Ihereof, Ihe rontal peyable Ihsrounder. or to chenge sny ronewal provisions
<br />themin contained.
<br />(d) Waive any defsun therounder or broach thereof.
<br />(e) Give any consent, waiver or approval th~reunder or take any other action in connection therewith, or with a lessoe rhereunder, which
<br />would have the effecl oflmpalrlng 1Ii~.viJJU8 'p!"'G~,~~ Interost therounder or the property subject Ihereto. or of impairing Ihe
<br />posItfoJn or Inlerosl of Baneficlery ilieraln;.rx ~.: ", .
<br />(f) Sell, assign, pledge, mongage or otherwise dispose of,,01' encumber its Interest in any said lease or any rents, Issues, profits Issuing
<br />01' arising thereunder.
<br />17, Waiver of Statute of UmltatiOl7s. 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 present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />any action or proceeding tor 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 loan evidenced by the Note secured
<br />hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all
<br />manlss dapositsd by or on behafl of Trusror with any city, county, public body or agency. sanitary dlstrlcl. utility compsny, and
<br />any other body or agency, for the instal/ation or to secure the installation of any utility by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. If Trusror Is a corporation. general partnership, or limited partnership, it will do alt things
<br />necessary to preserve its corporate or partnership existence, as the case may be, and aI/ rights and privileges under the laws of tho
<br />state of its incorporation or organization.
<br />20. Forbeatance by Beneficiary Not a Waiver. Any forbearanco by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />afforded by applicable law, shall not be a waiver of ar 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 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 and Several Uabfllty; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shaJllnure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. All covenants and
<br />agreements of Trustor shaJ1 be Joint and several. The captions and headings of the paragraphs of this Deed o( 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 prollfded for in this
<br />Deed of Trust shall be given by maiJIng such notice by certified mall, return receipt requested addressed to Trustor at its maiJIng
<br />sddross sel forth above or al such othsr address as Truslor may designats by noNca to Benefic/sry as provided heroin. and (b) any
<br />notice to Beneficiary or Trustee shall be given by certified mall, retum receipt requested, to Beneficiary's and Trustee's mailing
<br />address stated herein or to such othar address as Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any
<br />notice prollfded 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 of Trust shail 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 appficable 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 declared to be severable,
<br />25. ElI8nts of Default. Each of the following occurrences shall conslltuto an event of default hereunder. (hereinafter called an "Event
<br />of Defaun"j:
<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 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 tail to perform or observe any ot 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 />(t) A trustee, recelver or liquidator of the Trust Property or of Trustor shall be appointed, or any of the creditors of Trustor shall fife B
<br />petition in bankruptcy against Trustor, or for the reorganizalion of Trustor pursuant to the Foderal Bankruptcy Code, or any similar
<br />law, whether federal or state, and it 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 pelition 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 dischargB the same, or cause it to
<br />be discharged, within thirty (30) days after the entry thereof, or shall not appeal therelrom or lrom 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 tille, or any Interest
<br />therein, in any manner or way, whether voluntarily or involuntarily, without the written consent of Beneficiary being first had ana'
<br />obtained, or
<br />(j) If Trustor is a corporation or partnership and more than fifty percent (50010) of the shares or beneficial Interests in such corporation or
<br />partnership, as the case may be, shall be transferred or conveyed, whether voluntan"ly or involuntarily, without the written consent 01
<br />Beneficiary being first had and obtained.
<br />26. Acceleration of Debt; Foreclosure. Upon thtJ occurrence of any Event of Default, or any time thereafter, Beneficiary may, at its option,
<br />declare all the Indebtedness secured hereby immediately due snd payable and tho same shall bear Intorest at the default rate, if any,
<br />set forth in the Note, or otherwise at the highest rate permitted by law, and, i"espective 01 whether Beneficiary exorcises 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 />u1terations 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 coflect and receive rents, issues and profits, including those past due and unpaid,
<br />and apply the same, less costs and expenses of operation and collection, including reasonable attorney lees and Benefic/ary's
<br />costs, upon the Indebtedness secured hereby and in such orrler as Beneficiary may determine. Upon request 01 Beneficiary, Trustor
<br />shaJIassemble and shall make avaltable to Beneficiary any 01 tha Trust Property which has been removed. Thf] entering upon and
<br />taking possession at the Trust Property, the collection of any rents, issues and profits. and the application thereof as aforesaid. shall
<br />nol cure or waive sny default theretofore or theroafter occurring, or affect any notice of delault or notice 01 sale hereunder or
<br />;nvalJdBte any BCI done pursuant to eny such nollce. Notwithstanding Beneficiary's continuance in possession or receipt and
<br />epptication at mnts. issues or profits, Beneficiaf)' shall be entitled to exercise evety right provided lor In this Deed of Trust Of by law
<br />upon 0I8her the occu"ence of an Event o( Default. including the right to exercIse the power 01 sale. Ant 01 the Bctlons referred to In
<br />this plll8Qreph may be taleen by Beneficiary at such time as Benetlc/aty may determine withaUl regora to rhe adequacy of any
<br />security for thft Indebtedness secured hereby
<br />(b) Beneficiary shan. Wltheur mgard to the adequ8cy 01 any secunty lor the Indebtedness secured hereby. be entlr/ed to the
<br />appointment of If roceiver by any court haVIng Iunsdlctlon. wlttlout notlco. 10 take possesSIOn of. protocr. and manago I/lf' Trust
<br />Propeny and oporate the same and collect the ronts, ISSUOS BI1d profits rhetofrom
<br />(c) Bflnofic1arv may bring any actlOll '" any court 01 competent turisdiction to torecloso thiS Deed nl r'usr or nn'orn' if"~ (II I1lfl
<br />cOV'ltnants he/eo'
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