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<br />88- 104948 882780
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<br />16. COwnants 01 Ttustor with Respect to Leases. Without the prior wrillen consont 01 Bonel/clary, Trustor shall not, directly or indirectly,
<br />wfth respect to any foasa 01 space In the Trost Property, or any portion thernol, whother such faaso Is now or hareal/er In existence:
<br />(a) Accept 0{ pennlt any prepayment. discount or advance paymant 01 rent horeundar In oxcoss 01 ono month,
<br />(b) canea/ or hllmlnate the soma, or accept any cancellal/on, tonnlnal/on or surrender thereol, or pormlt any event /0 occur which woufd
<br />occur th811iundsr ro lorm/naru or cam;vl rhfl samB, other than lermlnation lor nonpayment of renl,
<br />(c) A/rHJnd or modify the same so as to reduce tho tonn thereol, tho rental payablo thoreundar, or to change any renawal provisions
<br />therein contalnod,
<br />(d) Waive any delaul/thereunder or breach thernol.
<br />(e) Glw eny consent, waiver or spprovalthereunder or take any other action In connection therewith, or with s lessee thereunder, which
<br />woulcf hall9ths affect o/lm.p8JrlnU !/Ie value 01 the lessor's Interest thereunder or the property subject thereto. or ollmpelring the
<br />posIl/on or Interest 01 Banellciary therqln, 0{
<br />(f) Sell, assign, pledge, mortgage or ofherwlse dispose 01, or encumber Its Interestln eny sold leese or eny rents, Issues, profits Issuing
<br />or arising thereunder. ' ~
<br />17. Waiver 01 Statute or Umitel/ons. 17me Is 01 the essence in ai/ Dr Trustor's obligations end dutlas hereundar; and to the extent pennmad
<br />by lew, Trostor waives a/I present or Mure sl8rutes 01 limitations with raspect to any debt, demend or obllgetion sacured hereby and
<br />any action or proceBdlng (or the purpose of enforcing this Deed at Trost Of any rights Dr remedies contained herein.
<br />lB. Assignment 01 DeposilS. In the evant construction 01 Improvaments is contemplated by the loan evldencad by the Note securad
<br />hereby, as eddiHonat security therefore, Trostor hareby translers and assigns tc Benel/clary, all right, titie and Interest to any and all
<br />monias deposited by or on bahalf 01 Trostor with eny city, county. public body or agancy. sanitery district, utltity compeny, and
<br />any orher body or agency. for the installation or to secure the instalfation of any utility by Trustor, pertaining to tha Trust Property.
<br />19. Corporation or partnership Existence. If Trustor is a corporation. general partnership. or Urn/fed partnership, It will do all things
<br />necessary to preserve its C€Jrporate or pBffnershlp 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 Beneficiwy Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />afforded by appliceb/e law, shall not be e waiver 01 or pracluda the axerclsa 01 eny such right or ramedy. Tho procuremant 01
<br />insurance or the payment of taxes or the discharge of /lens or charges by Beneficiary shall not be a waiver of Benefic/aty'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, Bnd may be exercised concurrently, independently or successively.
<br />22. Successors and Assigns Bound; Joint and Several Uability; 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 shalrbe 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 01 Trost shall be glwn by mal/ing such notice by cartilied mail, return receipt raquested eddressed to Trustor at lIS mailing
<br />address sat 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 mail, return receipt requested, to Benefic/ary'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 tor in thJs 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 shall be governed by the laws of the State of Nebraska. ln the event any provision or
<br />clause or this Deed of Trust conflicts with applicable law, such connlct shall not affect other provisions of this Deed of Trust which csn
<br />be given effect without the conflicting provisions snd to this end the provisions of this Deed of Trust are declared to be sBverable.
<br />25. Events of Defaun. Esch of tho following occurrences shall constitute an event of default hereunder, (hereinafter called an "Event
<br />01 Dalaun"):
<br />(a) Trostor shall fall to pey when due any principal. interast, or principal end 'nl8rest on the Indabtedness,
<br />(b) Any warranty 01 title made by Trostor hareln shall be untrue.
<br />(c) Trustor shall fail to obselVe or perform any of the covenants, agreements, or C€Jnditions in this Deed of Trust.
<br />(d) Any representation or wamuJly made by Trustor on any financial statements or reports submitted to BeneficlBTY by or on behalf of
<br />Trustor shall prove false or materially misleading,
<br />(e) TtUstor 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 />(fJ A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed, or any of the creditors of Trustor shall file a
<br />petition in bankruptcy against Trustor, or for the reorganization of Trustor pursuant to the Federal 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 (3D) days after the date
<br />on which such order or petition was filed,
<br />(g) Trustor shall fiJe 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 Propeny,
<br />(h) RnaJ judgment for the payment of money sha/f be rendered against Trustor and Trusror shall not discharge the same, or cause it to
<br />be discharged. within thirty (3D) days aher the entry thereof, or shall not appeal therefrom or f...om 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 />(iJ Trustor shalf sell or convey the Trust Property, or any pan thereof, or any interest therein, or shall be divested of its title. or Bny interest
<br />therein, in any manner or way, whether voluntarily or involuntarily. without the written consent of Beneficiary being first had and
<br />o~tained, or
<br />0) n Trustor is a corporation or partnership and more than fifty percenJ (50%) at the shares or beneficial interests in such corporation or
<br />plltt1fership. as the case may be. shall be trans/erred or conveyed, whether lIoluntarily or involuntarily, mtf10ur the written consent of
<br />BenefiCiary baing I/rst had and obl8/ned.
<br />26. AcceJeration of Debt; Foreclosure. Upon the occurrence of any Evenl of Default. or any time thereafter. Beneficiary may. at its optJon,
<br />declare all the Indebtedness sBCured hereby immediately due and payable and the same shall bear interest at the defaun rate, if any,
<br />set forth in the Note, or otherwise at the highest rate permined by law, and, irrespective of whether Beneficiary exercises said option, it
<br />may, at its option ar.d 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 />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 C€Jllect 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 fees and Beneficiary's
<br />costs, upon the Indebtedness secured hereby and In such order as Beneficiary may determine, Upon request of Beneficiary. Trustor
<br />shall assemble and shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and
<br />taking possession of the Trust Property, the collection of any rents. Issues and profits. and the appJlcation thereof as aforesaId. shall
<br />not cure or waive any defauft theretofore or thereafter occurring, or affect any notice of defautt or notice of safe hereunder or
<br />mvaJida:e any kt done pursuan' to any such nollee. NotwIthstanding BenefiCIary's contmuanca in possession or receIpt and
<br />appNearmn of fPHJf5, issuss Of profits. BenefiCIary sllwf tJfJ entlfled 10 eKerclse every nght provided fOf In this Deed of Trust or by Jaw
<br />upon 01' .net the occurrsnce or an Evenr 01 DetiJutr, rnr:1udlflg the nght to eKelCIse the power of sale. Any 0' the actions ro/8rrod to In
<br />this paraQraph may De tBken oy BenefIC/aT)' 81 such tIme 8S BenollclaTy may delermme wdhoul regtJr(/ to the adequacy 01 any
<br />secunty lor the Indebredn8$S secured hereby
<br />(b} Beneficiary shall, Wlfhout regard to the adequacy 01 Bnt secunry lor the Indebtedness secured hereby be entItled lO the
<br />appointment 01 a recerver by any cooN havmg lunsdJcllon. wlthour norlce, to ta/tle DosseSSlon of, plotect, ar,,1 mano'lgf' Ihfl Trust
<br />Property and OP8'lf'O rho same and collect rhe rents. ISSUOS and ploflts tholefrom
<br />Ie I BenefiCiary may bona any DcDOfl In any cooN 01 compotont lunsdlL.tlDn to lOlOCloSQ rh,!'i (Jpod 0' T'uSl (If f'"'l'r\ .f' dfl~ (II ttl~
<br />covunants twrool
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