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<br />16, covo~onts 01 Trus,or wllh Rospocf fa Loosos, Wltlloullllo prior writ/on consont 01 Bonollclory, TruBI~~~Of, d!c9v! !d!~Y,
<br />with rDspocr to any lom;;o of spooo In I1I1J Trust Proporty, or any portion thorool, whothor sue/l/easo Is now or horoa/tar In oxlstonco:
<br />(a) Accopt or permit any prepaymont. discount or advanco paymant of ront hereundor In OXC055 of ana month,
<br />(b) Concol or termlnato 1110 sarno. or accept any cancolfst/on, termination or surronder thoroof, or perml' any ovent 10 occur which would
<br />occur thereunder to 'orm/nalo or canco/rho sarno, orhor than lerm/notlon (or nonpayment 01 ront,
<br />(c) Amend or modify tho somo so 85 10 redLcB tho torm theroof, tho renta' payable Ihereunder, or 10 chango any renewal piovlsfons
<br />therein conlalned.
<br />(d) Wolve ony defBult thoroundor or broech thereof,
<br />(0) GlvB any cons3nt, walvar or approval thereunder or take any other action In connection therewith, or with a lessee thereunder, which
<br />would have the effoct of impairing the value of tho lessor's interest thereunder or the property subject thereto, or of impairing the
<br />position or interest of Beneficiary therein, or
<br />(f) Sell, assign, pledge, mortgage or otherwIse dispose of, or encumber Its Interest In any said lease or any rents, Issues, profits Issuing
<br />or arising therstmder.
<br />17. Waiver of Statute of Umltatlons. Time Is of the essence in efl of Trustor's obligations and duties hereunder; and to the extent permitted
<br />by law, Trustor waIves aU presenl or future statutes of limitations with respect to any debt, demand or obflgetion secured hereby and
<br />any action or proceeding for 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 eny and a/I
<br />monies deposited by or on behalf of Trustor wltll any city, county, 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, penalnlng to the Trust Property.
<br />19. Corporation or Partnership Existence. If Trustor is a corporation, general partnership, or limited partnership, it wifl do all things
<br />necessary to preserve its corporate or partnership existence, as the case may be, and al/ rights and privileges under the laws of the
<br />state of its incorporation or organization.
<br />20. Forbearance by Beneficiary Not 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 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 Uability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shaJ/ inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor, All covenants and
<br />agreements of 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 nof 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 Truetor 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 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 certified mail, retum 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 shalf 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 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 conflicting 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 constirute an event of default hereunder, (hereinafter called an "Event
<br />- 01 Default"):
<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 sha/l 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 fail to perform or obs8lVe 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 of Trustor shalf 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 (30) days after the date
<br />on which such order or petition was filed,
<br />(g) Trustor shall fife 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 Insorvent, or shall make an assignment for the benefit of creditors, or shall admit in writing its
<br />inability to pay its debts as they became 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 discharge the same, or cause it to
<br />be discharged, within thirty (30) days after the entry thereof, or shall not appeal therefrom or from the order, decree or process upon
<br />which or pursuant to which said judgment was granted, based, or entered, and secure a sray 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 title, or any interest
<br />therein, in any manner or way, whether voruntarily or involuntarily, without the written consent of Beneficiary being first had and
<br />obtained, or
<br />(j) "Trustor is a corporation or partnership and more than fifty percent (50%) of the shares or beneficial interests in such corporation or
<br />partnslShip, as the case may be, shall be transferred or conveyed, whether voluntan'ly or involuntarily, without the written consent of
<br />Beneficiary being filSt had and obtained.
<br />26. Acceleration of Debt; For&C/osure. Upon the occurrence 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 permitted by law, and, irrespective of whether Beneficiary exercises said option, it
<br />may. at its option and in its sale 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 BaneficJary deems proper to protect the security thereof, and either with or without raking
<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 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 application thereof as aforesaid, shall
<br />not cure or waive any default theretofore or thereaher occurring, or affect any notice of default or notice of sale hereunder or
<br />invalidate any act done pursuant to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and
<br />application of rents, issues or profits, Beneficiary shall be entitled to exercise every right provided lor in this Deed of Trust or by law
<br />upon or after the occurrence o( an Event of Default. including the right to exercise the power of sa/e. Any of rhe actions referred to In
<br />this paragraph may be taken by Beneficiary at such time as Beneficiary may determine without regard to !he adequacy of any
<br />security for the Indebtedness secured hereby.
<br />(b) Beneficfary shall, without regard to the adequacy of any security for the Indebtedness secured hereby, be entitled to the
<br />appointment of B receiver by any court having jurisdiction, withour notice, to rake possessIOn ot, protect, and manage the Trust
<br />Propeny and operate the same and collect the rents, issues and profits therefrom
<br />(c) BenefiCIary may bnng any action In any court of competent lunsdlcrlOn ro foreclose m,s Deed of Trust 0' enlo/Ct- any of rhe
<br />cove-nan1s hereof
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