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<br />w tl •�illv'r t ,ri J,'7 .'E .s ,f , s r... 4 �,.. N _ C'1 , >riy )f 'R nt..? S..f- f.. -!:
<br />fa) Accent of j7Errmtt rap y . C,t. 1 'rl, >i. fig. F .r -, -.C,� .1. one ?lopth,
<br />(hj `.;a, heel or fernrnatr h r c. et r} „sra r ;.: e am; r render rhere (- r Oerryii,, .1;7y �wenr re, ,goon ,vh ;cfl wct; i:7
<br />C,ccur rhereunder tr terfrimat ;r :'3r ;_e, hr _.amt ,he' rhi .F rim a, < r u ,t�zrpayment .,f c.st.
<br />{u,; Amend or modify, the wine 'so as ro reduoe the terns thereat the rerun/ r,,aysbre rhereunder, �r le .;hartye any renewal provisions
<br />therein contained
<br />fd) Waive any default thereunder or breath ffierrx;f.
<br />(e) Give any consent, waiver or approval , ;hereunc+er u• take any <itfler ac,"On in onnectinn therewith; or with a lessee rhereunder, whicn
<br />would have the effect of impairing the value of the lessGr'; interest thereunder or the property subject thereto, or of impainng 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 thereunder
<br />17. Waiver of Statute of Limitations. 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 to the purpose of enforcing this Deed of --i,st 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 secutity therefore, Trustor hereby transfers and assigns to Beneficiary, all fight. title and interest to any and all
<br />monies deposited by or on behalf of Trustor with 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, pertaining to the Trust Property
<br />19. Corporation or Partnership Existence. If Trustor is a corporation, general partnership, or limited partnership, it will do all things
<br />necessary to preserve 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 organizabon.
<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. AN remedies provided in this Deed of Trost 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 Liability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shalt inure to, the respective successors and assigns of Beneficiary. Trustee, and Trustor. All covenants and
<br />agreements of Trustor shah be joint and several The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are tot to be used to interpret or define the provisions hereof.
<br />23. Notice. Except for any notice required under appkcable law to be given in another manner, (a) any notice to Trustor provided for in this
<br />Deed of Trust shah be given by mailing such notice by certified mail, return 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 shah be given by coriffred 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 of Trust shaft be deemed to have been given to Trustor, Beneficiary or Trustee when given in the
<br />mariner desk
<br />nmed herein.
<br />21. Governing Law; SeverabAy 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 riot 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 constitute an event of default hereunder, (hereinafter called an "Event
<br />of Defaedt" )-
<br />(a) Trustor shat laid to pay when due any principal, interest, or principal and interest on the indebtedness.
<br />(b) Any wan'WHY of Wk made by Trustor herein shall be untrue,
<br />(c) Trustor shy 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 />Tnrslor shall prove false or materially misleading,
<br />(e) Trustor shah fait 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 />(0 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 shaft 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 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 stoney 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 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 title, 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 fifty percent (50%) of the shares or beneficial interests in such corporation or
<br />th
<br />partnership, as e 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 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 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 collect and receive rents, issues and profits, including those past due and unpaid.
<br />and apply the same, less casts 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 />shaft 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, cnd the application thereof as aforesaid, shall
<br />trot cure or waive any default theretofore or thereafter occurring, or affect any notice of default or notice of sate 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 shalt be entitled to exercise every right provided form this Deed of Trust or by law
<br />upon or after the occurrence of an Event of Default, including the right to exercise the power of sale. Any of the actions referred to m
<br />this paragraph may be taken by Beneficiary at such time as Beneficiary may delermme without reyarO ro the adequacv ul any
<br />security for the Indebtedness secured hereby.
<br />(b) Beneficiary shall, without regard to the adequacy of any security for the Indebtedness ,,ecurerf .hereby. he entltleo for the
<br />appointment of a receiver by any court having lunsdtction, without notice, to take po.ssess,(w ,I prrteci, rind manaile the 'rust
<br />Property and operate the wine and ,::Cdlect IhP rents. issues ,ind profits therein"
<br />jc)
<br />Beneficiary may bnnq any acUO i n airy court of eranprtent ,,un .,f,ctron t r, r= __,,,.. i •i, i ?,e ., ,r enh,•t e ,iri ?r irr,=
<br />pgVeriants hereof
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