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t6. CoMWt,'s of Trustor with Respect to teases, Without the prior written consent of Benefciary8 uato shat! 102595
<br />indirectly,
<br />With respect to any lease of space in the Trust Property, of any portion thereof, whether such lease is now or hereafter in existence;
<br />(a) Accept or permit any prepayment, discount or advance payment of rent hereunder In excess of one month,
<br />(b) Cancel or terminate Ilia same, Of accept any cancellation, termination or surrender thereof, or permit any event to occu
<br />occur thereunder to terminate or cancel the same, other than termination for nonpayment of rent, r which would
<br />(c) Amend or modiy the same so as to reduce the term the
<br />tharetherein contained, re of, the rental payable thereunder, or to change any renewal provisions
<br />(d) Waive any default dtereunder or breach thereof,
<br />(e) Give any consent waiver or approval thereunder or take any other action in connection therewith, or with a lassos thereunder, which
<br />would have the effect of impairing the value of the lessor's interest thereunder or the property sub /sect thereto, or oilmpa/ring the
<br />position or interest of Beneficiary therein, or
<br />(f1 S*#' assign, Wedge. mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues, profits issuing
<br />or arising thereunder.
<br />1 T• 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 taw, Truster wolves an present or future Proceeding for the puros statutes of limitations with respect to any debt, demand or obligation secured hereby and
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<br />nment
<br />o/ enlacing this Deed of Trust or any rights or remedies contained herein.
<br />hsro Deposits. in the event construction of improvements is contemplated by the loan evidenced by the Note secured
<br />monies by, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all
<br />medeposited agency, or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and
<br />body or for the installation or to secure the installation of any utility by Trustor, pertaining 10 the Trust Property.
<br />k
<br />19. Corporation or Partnership Existence. If Trustor is a corporation, general partnership, or limited partnership, it will Tr st! things
<br />i necessary to preserve its corporate or partnership existence, as the case maybe, and all 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, independent /y or successively.
<br />22. Successors and Assigns Bound; Joint and Several Liability; con tained Captions. The covenants and agreements herein shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. Al! covenants and
<br />agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this
<br />convenience only and are not to be used to interpret or define the provisions hereof. Deed of Trust are for
<br />23. Notice. Except for any notice 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, 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 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 of Trust shall be deemed to have been given to Trustor, Beneficiary or Trustee when given in the
<br />manner designated herein.
<br />24. Governing taw; Severability. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event an
<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 />n or
<br />25. Events of Default. Each of the /o /lowing occur
<br />of Default,): rences shall constitute an event of default hereunder, (hereinafter called an "Event
<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 shall fail to observe or perform any of the covenants, agreements, or conditions in this Deed of Trust,
<br />(d) �Y representation shall rove or warranty made by Trustor on any financial state ments or reports submitted to Beneficiary by or on behalf of
<br />Trustor shat! prove false or materially misleading,
<br />(e) Trustor shall fail 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 />(fl A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed, or any of the creditors of Truslor shall file a
<br />Petition t bankruptcy against and if s or for the reorganization of Trustor pursuant to the Federal Bankruptcy Code, or any similar
<br />law, whether faders! or state, and if such order or petition shall not be discharged or dismissed within thirty on which such order or petition was fled,
<br />(g) Trustor shall file a (30) days alter the date
<br />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 />insbikty 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 money shalt 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 />0) which or pursuant to which said judgment was granted, based, or entered, and secure a stay of execution pending such appeal,
<br />) Trustor shall or the Trust Property
<br />» in any , or any part thereof, or any interest therein, or shall be divested of its title, or any interest
<br />m manner or way, whether voluntarily ar involuntarily, without the written consent of Beneficiary being first had and
<br />U) lt Trustor is a corporation or partnership and more than fifty percent (50'i) of the shares or beneficial interests in such corporation or
<br />partnership, as the case may be, shah 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 ad the Indebtedness secured hereby immediately due and payable and the same shall bear interest at the default rate, if any,
<br />SW lbtth 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 Truslor, do one or more of the following;
<br />(ef Benefiarary may enter upon, take possession of, manage and operate the Trust Property or any part thereof, make repairs and
<br />Marations and do any acts which Berreficiary 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 "are same, less costs and expenses of operation and cosection, including reasonable attorney tees and 8enefciary's
<br />coats, upon the Indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Benefilary, Trustor
<br />shah assemble and shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and
<br />(slang 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 thereafter occurring, or affect any notice of default or notice of sale hereunder or
<br />mvakdate any act done pursuant to any such notice. Notwnhstanding Beneficiary's Continuance in possession or receipt and
<br />application of rents, issues or profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law
<br />upon of alter the occurrence of an Event of Default, including the right to exercise the power of sale Any of the actions referred to )n
<br />this P-agr the maybe taken by ure here al such tote as Beneficiary may determine without regard to the adequacy of any
<br />security ra t1re Indebtedness s ®cured hereby.
<br />fbt Beneficiary shall, without regard to the adequacy of any security for the indebtedness secured hereby, be entitled to the
<br />f of a rst" the a any court having rendr'Ction, without notice, to fake possession of protect, r7»d manage the Lust
<br />Property arKJ crate f1)e same and cvflecf the rents, issues and prpNrs therefrom
<br />ftratyMay bring ar+ y aGt t)n )n any COUrt Of CENrtpefenf /UnS.JiCtICBI to lure[ IOSe tr 15 iDRf ?d nl Lust or rvrf f'rr any r,i the
<br />covonarNs heron
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