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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 <br />0_4 <br />Awl <br />