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<br />16. Covenants 0/ Trustor with Respect ro Leases. Without the prior wrltren consent of Beneficiary', Trustor shall nor, directly or Indirectly,
<br />with respect to any lease of specs in the Trust Propeny, Of any portIon thereof, whether such 188se ;s now or hereafter In existence:
<br />(a) Accept or permit any prepayment, discount or advance payment of rent hereunder In BKcess of one month.
<br />(b) Cancel or terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would
<br />occur thereunder to terminate or cancel the same, other than termination for nonpayment of rent.
<br />(e) Amend or modify the same so as to reduce the term thereof. the rentaf payable thereunder, or to change any renewal provisions
<br />therein contained,
<br />(d) Waive any default ttrereunder or breach thereof,
<br />~ (e) Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />C":>> would have the effect of Impairing the value of the lessor's interest thereunder or the property subject thereto, or of impalnng the
<br />L."':) position or interest of Beneficiary therein, or
<br />'=C (f) ~;:',;:r:~gt~~~~~~r.mortgBge or otherwise dispose of, or encumber its interest in any said lease or any rents, issues, profits issuing
<br />
<br />3,7. Waiver of Statute of Umltations. Time Is of the essence in all of Trustor's obligations and duties hereunder,' and to the extent peTmitted
<br />~ by law, Trustor waives all present Or future statutes of limitations with respect to any debt, demand or obligation secured heret., and
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />/,8. Assignment of Deposits. In the event construction of improvements is contemplated by the loan evidenced by the Note secured
<br />00 hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and aU
<br />Q:) monies deposited by or on behalf of Trustor with any city, county, public body 01 agency, sanitary district, utifity company, and
<br />any other body or agency, for the installation or to secure the instal/ation of any utility by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. If TrustDr is a corporation, general partnership, or limited partnership, it will do aU things
<br />necessary to rreserve its corporate or partnership existence, as the case may be, and af! rights and privileges under the laws of the
<br />state of its incorporation or organization.
<br />20, Forbearance by Beneficiary NDt a 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 Dr the payment Df taxes or the discharge of liens or charges by Beneficiary shall not be a waiver Df Beneficiary's right to
<br />accelerate the maturity of the Indebtedness.
<br />21. Remedies Cumulative. All remedies provided in this Deed Df Trust are distinct and cumulative to any Dther right or remedy under this
<br />Dead of Trust Dr afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />22. Successors and Assigns Bound; Joint and Several Uabifity; Captions. The covanants 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 Df Trustor shall be 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 nDtice required under applicable law to be given in another manner, (a) any notice to Trustor provided for in this
<br />Deed of Trust shall be given by mailing such notice by certified mail, retum receipt requested addressed to Trustor at its mB/1ing
<br />address set forth above or at such Dther 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 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 Df Trust shall be deemed to have been g;ven 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 of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can
<br />be given effect without the conff/cling 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 an event Df default hereunder, (hereinafter called an "Event
<br />0/ De/Bull"):
<br />(a) Trustor shall fail to pay when due any principal, interest, or principal and interest on the Indebtedness,
<br />(b) Any wa"Bnty Df title made by Trustor herein shall be untrue,
<br />(c) Trustor shall fail to observe or perlorm any 01 the covenants, agreements, or conditions in this Deed of Trust,
<br />(d) Any representation or wa"anty made by Trustor on any financial statements or reports submined to Beneficiary by or on behalf 01
<br />Trustor shall prove false or materially misleading,
<br />(e) Trustor shall fail tD perlorm or observe any Df 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, insrrument or
<br />document executed by Trustor In connection with the loan evidenced by the Note,
<br />(f) A trustee, receiver Dr tlquldator of the Trust Property or of Trustor shall be appointed, or any of the creditors of Trustor shall me a
<br />petition In bankruptcy against Trustor, or for the reorganlzarion of Trustor pursuant to the Federal Bankruptcy Code, Dr any similar
<br />law, whether federel or state, and if such order or petition shaH 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 Gode or any similar law, federal or state, or if TrustDr 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 />inablfity to pay its debts as they become due, or shall consent to the appointment of B 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 discharge the same, or cause it to
<br />be discharged, wlth;n thirty (30) days after the entry thereof, or shall not appeal therefrom or from the order. decree or process upDn
<br />which Dr pursuant 10 which said judgment was granted, based, or entered. and secure a stay of execution ponding such appeal,
<br />(i) Trustor shall sell or convey the Trust Property, or any part thereof, or any Inferest therein, Dr shall be divested of its title, or any interest
<br />thereJn, 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 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, wlthOUllhe wntten consent ot
<br />Beneficiary being first had and obtained.
<br />26. Acceleration of Debt; Foreclosure. Upon th6 occummco 01 any ElJrmr of Dofaull, or ony rimo rh0f98ftor, Beneflcrory may. ar Its option.
<br />declare a(1 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 NOle, or otherwise at the highest rate peTmined by law, and, irrespective of whether BeneficulfY exercIses smd option, /t
<br />may, at its option and In lIS 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; maIm repairs and
<br />alterations and do any BCts which Beneficiary deems proper to protect the security thereof, and either with or Without takmg
<br />possession, In Its own name, sue for or otherwise collect 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 reasDnable aNomey fees and BenoflcfBry's
<br />costs, upon the Indebtedness secured hereby and In such order 8S Beneficiary may deleTmine. Upon request of Benaflclary, Trustor
<br />shall assemble and shall make available to Beneficiary any of the Trust Property which has been removeo. rne entering upon ano
<br />taking possession of the Trust Property, the coJ(ect/Dn of any rents, issues and profits, and the applicatIon thereo! 85 a/orosald, snalf
<br />not cure or waive any default theretofore Dr thereafter occurring, Dr affect any nDtlce of delault Dr notIce 01 sale herounder Of
<br />invalidate any act done pursuant tD any such notice. NDtwilhstanding Beneficiary's continuance In possessIon Of raco/pt and
<br />applicatJon of rents, issues or profits, Beneficiary shall be entitled to exercise every nght provldod for to thIS Dood 0/ Trust Dr by law
<br />upon or after the occurrence of an Event of Default. Including the right to exercise the power of sale Any of tho nellons rclorred to In
<br />this paragraph may be taken by Beneficiary at such tIme as BeneficlBry may defermme Without regard to tho udoquncy of any
<br />security lor tho Indebredness secured hereby
<br />(bJ BaneficlBry shall, WIthout rogard to rho adequacy 01 any socunty for the Indebtedness secumd hemby, IlLl ImfltlmJ f[J ,tlll
<br />appomtmont of a reCOIV8r by any court hSlllng Jurisdiction, without notice, 10 lake possessIon of, prorPI"1 /Ifl(j flllllllltll' tfll! TflJ.'ir
<br />Property Bnd operate rhe sarno and collect the rants, issues and profits therefrom
<br />(cJ BonoflC10fY may brmg any IIctlon m any court 01 competent lunsdictlDn /0 foreclose thiS DSlld 01 7rusr or Ilfl;Pf('l' IU')' 01 tfw
<br />covenants horoot
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