87- 101200
<br />16 Covenants of Tnistor with Respect to Leases. Withouit the prior wriften consent of Beneficrary TrusW shave not, directly or Indirectly,
<br />WYM respect to any Aea--me cut space It, the Trust of any portion thereof, whether such lease is now or hereafter in existence.
<br />(a) Accept or Permit any Prepayment dscount Or advance PRY"W1 of rent hereunder in excess of one month,
<br />(b) Cancel Or terminate the same, Of acceotmly cancellation. termination -,.;,
<br />r nonpayment of rent,
<br />occur freretiridow to rerrywhate ()o cancel the same, other than termination kh p° nit a;7V -a;,- *0 Occur which would
<br />(c) Amend amt modily the same so as to reduce the term lhareof, the rental Payable theraunder or to change any provt
<br />therm ai7ed' renewal sions
<br />(0) W-4ve any dWk* thereunder or aniaicti thereof
<br />(e) G-- any conqeot w-War or approval thereunder or take any otfier action in connection therewiFth, of with a lessee thereunder, whhfch
<br />POS*On Or Ante-Ma Of Benefficlary dwrein. or f the ASSSOf's Interest thereunder or the property subject thereto, or of impawmg Vie
<br />M mortgage of of —fise dispose Of Or encumber As Interest n7 any said lease or any rents, issues, proft asuM
<br />" ansiing
<br />17. Waiver of Statute of Liniotations. Time is of the essence in aff of Trustor's obligations and duties her,,,d&_ and 10 the extent permfied
<br />by law, Truslor waives all present OF 0uft&V statute's of Anyraftons with respect ED any debt demand or obfigabory, secured hereby and
<br />arty acbOn OF Proceeding for the ourpose of enforcing Uns Deed of Trust at any rjrift or remedies contained herein.
<br />18 Aswgriment of Deposits. In tfie evert construction of Improvements is by the loan evidenced by the Note secured
<br />hereby • as additional seminly theyelore Trustor hereby &WMAEWS and assigns to Benehicrarv, a# n^ title and interest to any and ar
<br />monres depasited by or on behalf of Trustor witty, any city county, pubffic body or agency, s anitay, &Wfrx't u&W company and
<br />any Odw body Or agency, for the instalation of to secure the #=M#~ Of any uldly by Trustor, perayling to the Trust Property
<br />19. CorPo rat im or Partnersimp Existence- If Trustor is a corporation, general partnerstap. or kinsed ParMership, it will do all &Angs
<br />rig Dessvoy to preserve its corporate or p&VWstylp existence, as the case may be and at rghts and privileges under The laws of Me
<br />state Ofits ffx;!(rporr# ion or organization-
<br />2M Forbewarice by BeneffiD►y Not a Waiver Arry fixtearance by Beni*aary #7 exen:3sing any right or remedy hereunder, or offiervim
<br />W-4"ded by applicable law shat not be a waver of or preckide the exercise Of any Such right of remedy The procurement of
<br />ffmura')ce Or tile Payment Of taxes of Me dmhatge Of lens Or charges by Beneary shat f not be a waiver of Beneficiary's right so
<br />a=ekrare eke maturity or bile indebteoness-
<br />21. PAMCkes C4#rxAMw, Al remedies provided in ors Deed of Trust are drstinct and cumulairve to any 06"Per right or remedy under &aM
<br />Deed of Trust or affixaled by law or equity and trW be exeicesed corKxzranty, yodependently or sLcoas&-A*
<br />271 SuMessors and Aswgns Pound Joint and Several LiabW capbom The covenants and agreements herew contained sfta br4 and
<br />0* ngf& hereunder shat Nxire to the respectrve successors aid as&Vm of Beneiicwy Trustee, and Inistar. AN coversants and
<br />89WOSOMM of Trustor StW be)cwr and several- The captiom and headings of the Paragraphs of Pas Deed of Trust are tar
<br />cOnvenNNX-V OrOy and are not to be LOW to Interpret or d9FA7e Me p►wmuqs her"
<br />23L Notice Except for any notice reiAmed under applicable law to be Wen in anothei manner, (a) arrt notice to Trustor provided br w yft
<br />Dead at 7rust slW be gr%w by mailing Such notice by ceraftd mat n9"n 119080 requested addressed to Trutsior at its mmirig
<br />ad&8= W fiorth above Of at Such other address as Tn=W may designate by notice 10 B&wft;wy as Provided herm, and (b) any
<br />"Julicc to Be ay of Trustee 3' be given by certified mad return receipt requested to Bene6ciary s and Trustee s maiing
<br />address staled herein or to such OM& address as Beneficiary or Tnistee may designate by noWe to Trustor as Provicled heran. Any
<br />notice provided for in dirs Deed of Trust shalt be deemed 10 have been given to Trustor Barx4crary or Trustee when gryery an the
<br />marww designated herairi
<br />24 GmwrwV Law- Severab'lity. This Deed of Trust ~ be governed by the Jaws of the Slate of y0ebraska. In the event any Provision or
<br />De g�mwategFo=W seed
<br />joo'aT&n)en'ccmwm*Wcx%msgwp'br"ovapplicable 'tfw.' such comet shal' not affect other PrOWS4100im of Un Deed of Trust whx*CM
<br />Ci6
<br />25. Events of oefaLdt Each of the A,,lowmg occurrenc end the PrOviSiOns of dus Deed of Trust are declared to be severable
<br />Of Def"") es shall constitute an event Of deg" heye"ryder. ONveirraftw cased an
<br />(8) Tr alb" WkV f* to Pay when due any principal Interest Of PnnC:PW and interest on the mdebtedr)ess.
<br />Any wartainly, of nft made by TnmW herein ~ be untrue,
<br />Trus:fry VW fail to observe or peroorm any of the covenants, agreements, or conditions in Mrs Deed a Trust
<br />4ny representation OF Warranty made by Trust- on any Oirianciai rho its _ rpporfsq�
<br />TnAsFckr WW Prove false or materially misleading, 10 Be0eficiary by or on b~ of
<br />e
<br />any liaenroapg&relworrentr observe a`gnrYeO&fTd_*#cove"aM' conditions or agre8y"ents contained in, Or binding upOr. Trustor under
<br />T!
<br />o0r�- executed by loan agrBefnenf. *-7cM staferrief;4 Or any other agreement inst� or
<br />I rustor in connection W07 the loan evidenced by the Note
<br />M A &usW- receiver or bqxxdator of the Trust Prop" or of Truster shaff be appointed or any of bye creditors of Tin s a
<br />-Of Th-StOf Pursixant to the Federal Bankruptcy Code or any &mAar
<br />petition - ba"AbliPtCY against rrustor, or kv the reorga'x7aibOl mtor hal He
<br />"t such order Of Petition V)80 not be discharged or dismissed wt thrt tai taw. w AWw federal of state' & thi!7 y 30, days afti_- the bale
<br />on wft---h mxtF Ordief of Petition was lied.
<br />(9) TfUSAY &tW Ale a PeWJGn pursuant to the Federal Bankniptcy Code Or any surNOW law. &-derai or state, or if Trustor shat be
<br />adft;dged a bar*rup(. or be declared H'sofveM or shall moire an ass rent of
<br />sna consent 10 the appornurnt of a recer
<br />Inability to Pay Its debts as dyer become due, cw 10fM--bermilif creditors, or shalt ad7st I-q wr"
<br />its
<br />ve, parrofthe ustproperty
<br />ofailc any . Tr
<br />_E_ X*_gment 'Of the PaYfryDnt Of money sh be re against TrustOr and Trustor- shall not d=h Me same, or cause it AD
<br />(10 Ein' J alf ordered arge
<br />bedmcf7arged *Wm thirty (30) days after h a"try Vweof or sh� r�ot -_`PP0ai Cx0efrom Of from the order, decree or Process upon
<br />iv�� Or Purs"'ar'l M which said ludgmer'l was granted. based, Or entered, and secure a stay of execution pending, such appeal
<br />®r Trustor &W set Of convey the Trust Property, or any part yx"of. any "Mer8st therm. or shall be divested of its age, or any interest
<br />therem, in any manner or way, wheMer voluntarily or x7voliffytdoly, of
<br />Obtained, or without the Written consent of Beryetimtaiy being &V had and
<br />N TFUSIX)f is a corporation or Partryershrp and more than fyftY percent (50%) of Me shares or beneficial Interests in such corporation
<br />PwVmm'NP. as me case may be, shat be transferred or conveye�f whedw voluntarily or vwok"af7ly, or
<br />BeoeklarY bOf.-)g first had and oblar�, without the written consent Of
<br />Acceleration Of DW Foreclosure. Upon me occurrence of any Event of Default or any nine Vweafter. Beneficary may, at as option
<br />declare all 11"0 InCklibledneSS secured hereby Immediately due and payable a the same shaft bear interest default
<br />SW 161 M in the Akite. Of O&K~se at the highest rate Denrmffed bylaw ;,,i nd if at the rate if any,
<br />_i - - I
<br />a7Y exercises said aption, if
<br />may OPrk") -_Ou In Its ale Orscrabon, without any hirther notice or demand to or upon Trustor, do one or more of the
<br />(y t3etielichary I
<br />may enter upon. take posses, Ion of fir)�.
<br />allarations and do any acts s , marwge and operate tie Trust Property or any part thereoi, J
<br />Wtvch Ber�,ari, deeins footer to protect make repairs and
<br />the security !hereof, arc eilher With or *� t�
<br />Possession, In 45 own name, sue for Of otherwise cO#6ct and receive rents, issues and profits, u ng and appity am same, less costs and expenses of operation and co#ec&m. ffwJ of those Past due and unpaid,
<br />Including reasonable attorney fees and Berielictai s
<br />costs, L'Pon the We&edFmss secured hareby and in such order as Benefo" may V
<br />yciary any of ft Trust Property which has been removed. The entering upon and
<br />shaN asSOMMe and shall make available 10 Beneli determine. Upon request of Beriefirvary. Trustor
<br />1&", Possession ol #* trust Property. the cOftchon of any rents, issues and profits. and the application thereof as aforesaid, sW
<br />not cum or waive any default merekdom or 6,yefua occurring, or affect any
<br />Invalidate anv art *v- fte' rK'&-e ol default or r,; s der
<br />not" ale hereon . n, ce X"rw"rw"""n9 "$&_16t'Cy3rY s continuance in Possession Or receipt and
<br />app6cation of rents- Issue"; - Profits, Beneficiary shah bo entyled to exercise every
<br />upon or after the
<br />occunen,.,e, tight Provded for in this Deed of Trust of by law
<br />of an Event of Default, inriudinq the right to exercise The Power of sale Any of the actions
<br />fts Paragraph may be taken by Beneficiary at referred to on
<br />s0cUn?Y kv tie such time as "Of"eh"'ary may determine w7ty"If r"qnrfl Fn P)P adequacy of
<br />rr.
<br />(b) OtTmwiary stuiti wrtK-Aj( rtNarry to i)) by an
<br />rtPix7rrttrrrc rut e "yeQuary ()I any Sw-unty for the Indetited"Vss secured hereby, be Parti&d to rt)e
<br />rIf a ftr."Vfv try airy roury' having prnsdictkrn, WdtKWt n ftCO, to take Ix1sS#iS V W1,4 ec ( rin( manage the the. %'Wrip f"' 1-Ft" 'V311 -t and Jtrflfr thrv"Irf.-.
<br />(C) llaxretir7ary unity tt,(l
<br />111 1 1 it, frirr-ckn,� thr, the
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<br />Awl
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