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<br />BB- 105425
<br />'6 Covoncnts 01 Trustor With Rospocl to Loasos, Without tho prior wrman consent 01 8ono/icmry, TruSlor 511811 nol. dlroc!/y or Indlractly,
<br />wIth rospoct to any 108se 01 space In tho Trust ProPOf1y. or any portion thorDO', whothor such /08S0 is now or horooftor In BIt/stonco:
<br />(aJ Accept or parmlt Bny prepaymont, discount or advance payment 0" rent horoundor In Dxcess of one month.
<br />(bJ Cancol 0110""10010 tho same, or accept any cancfJflalion, tormlnation or surrender Ihoroal, or permit any ovont to occur whlc/l would
<br />cccur thereundor 10 tonmnale or cancel tho same. other than terminotion for nonpayment of rant,
<br />(e) Amend or modify the some so 8S to reduce tho term thorBof, rho rental payable thereundor. or to change any renowal provisions
<br />thorel" contalnod,
<br />(d) Waive any default thereunder or breach theroof,
<br />(0) Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />would have tho effect of ImpaIring the value of the lessor's interest thereunder or the property subject thereto, or of Impairing the
<br />position or Interost of Beneficiary therein, or
<br />(I) Sell, assign, pledge, mortgage or otherwise dispose of, or encumber its Inlerest In any sa/~ lease or any rents, Issues, profits issuing
<br />or arising thereunder.
<br />17. Waiver of Statute of Um/tations. T/me is of the essence in all of Trustor's obligations and duties hereunder,' and to the axtant permitted
<br />bv law, Trustor waives all present or future statutes of limitations with respect to any debt, demand =>r obligation securod hereby and
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights Dr remedies containad'horeln.
<br />18. Assignment of DepDsits. In the event construction Df Improvements is contemplated by the IDan evidanced by the NDte secured
<br />hereby, as additional security therofDrs, Trustor hereby transfers and assigns to Beneficiary, all right, title and Interest to any and aff
<br />monies deposited by or on behalf of Trustor with any city, cDunty, public body or agency, sanitary district, utility company, and
<br />any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. If Trustor;s a corporation, general partnership, or limited partnership, it will do all things
<br />necessary to preselVe 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 8 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 preclude the exercise of any such right or remedy. The procurement of
<br />insurance or the payment of taxes Dr 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 />Dead of Trust or afforded by law or equity, and may be sKercised concu"ently, independently or successively.
<br />22. Successors and Assigns Bound; Joint and Several uabifity,. Captions. The covenants and agreements herein cDntained shall bind, Bnd
<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 JDint and several. The captions and headings of the paragraphs of this Deed of Trust are fDr
<br />convenience only and are nDt to be used to interprer or define the provisions hereof,
<br />23. Notica. Except for any notice rsqulred under applicabfe law to be given in another mannar, (a) any notice to Trustor provided for In this
<br />Deed of Trust shall be given by mallJng such notice by certified mail, return receipt requested addressed to Trustor at Its mailing
<br />address sat folth above or at such other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any
<br />notice tD Beneficiary or Trustee shall be given by certified mail, retum receipt requested, to Beneficiary's and Trustee's mailing
<br />address stated herein or ro 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 of Trust shall be governed by the laws of the State of Nebraska. In the event any provision or
<br />clause Df this Deed of Trust conflicts with appficabla 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 decl'ared 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 DBfBUIt"):
<br />(a) TrostDr shall fail tD pay when due any pnnclpal, In,erest, or pnnelpal and Interest on the Indebtedness,
<br />(b) Any warranty of title made by TrustDr herem shall be untrue,
<br />(c) Trustor shall fail to observe or perfonn any of the covenants, agreements, or conditions in this Deed Df Trust,
<br />(d) Any rapresentation or warranty made by TrustDr on any financial statements or repons submitted tD Beneficiary by or on behalf of
<br />Trustor shall prove false or materially mls/eed/ng,
<br />(e) Trustor shall fail to perform or ObsS!VB any of the covenants. cDndltions or agreements contained In, or bInding upon Trustor under
<br />any building IDan 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 Of 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 petilion 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 GDde 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, Dr shall admit in writing its
<br />inability to pay its debts as they become dUB, or shall CDnsent to the appointment of a receiver of al/ 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 rhirty (30) days aher the entry thereof, or shall not appeal therefrom or frDm the Drder, decree or process upon
<br />which or pursuant to which said Judgmem was granted, based, or entered, and secure a stay of executiDn pending such appeal,
<br />OJ Trustor shall self or convey the Trust Property, or any pan thereof. or any interest thorein, 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 and
<br />obtained. or
<br />(j) If Trustor is a corporation or partnership and more than fihy percent (50"10) of rhe shares or beneficial interests in such corporation or
<br />p8ff11ershlp, 8S 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 occurrencs 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 permined by law, and, irrespective of whether Beneficiary BKercises 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 followmg;
<br />(a) Beneficiary may enter upon, take possession of, manage and Dperate rhe Trust Property or any part chereof.. make repairs and
<br />a/faratJons and do any acts which BenefiCiary deems proper to protect the security thereof, and either with or without takIng
<br />possession, in its own narne, sue for or otherwise collect and receive rents, issues and profits, including those past due and unpaId,
<br />and apply the S8me, tess costs and expenses of operation and collection, including rea~onable attorney fees and Bene(;clary's
<br />costs, upon the Indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor
<br />&haJJ assemble and shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and
<br />taking possessIon 01 the Trust Property, the collection of any rents, issues and profits, and the application thereof as aforesBJd, s1,aJ/
<br />not cure or waive any default theretofore or thereafter occurring, or affect any notice of default or nOllce ot safe hereunder or
<br />Invalidate any act done pursuant to any such notice. Notwithstanding BenefiCiary's continuance in possosslon or receIpt and
<br />application of rents. issues or profits, Beneficiary shaff be entitlfJd to exercIse every righr proVIded 'or In thiS Dead 0' Trust or by law
<br />upon or alrer the occumJOce of an EvenE of Detault Includmg the fight ro exerCIse the pOWBr or sale Any 0' the acrlons re'orror1 rOIfl
<br />this paragraph may b6 taken by BenefiCIary et such time as BenefiCIary may derermme Without regmd to rne adequacy 01 any
<br />S&curtty for the Indebtedness secured hereby.
<br />(b) BeneficIary shall. without regard 10 the adequacy at any securiry for the fndebfedness secured hpreby t1f! orHJtled to tfm
<br />appointment of a rDCelVor by sny court havmg ,urisdictlon. wlthoUl nOllce, ro laj(e possOSSlon 01 prorller dnN rtlilf1<1qfl 'hI' 1 'lIS 1
<br />Prop6rf'J Bnd opemte the samo Bnd crnlocl rho ranrs, ISSUBS and profits cherefrom
<br />fcJ BenefiCIary may bnng any acrlon 10 any court of competenr JUflsdlcr,0l1 ro foroe/osp thl.~ DfltfC1 or T,us' (11 tmrllfCl' ilfly tl' rtlt'
<br />covenanfS hereot
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