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<br />^r^^• •� .. mow. n„yu, ,r,m nun written consent or teneficiary , Trustor shall not, directly or indiractly,
<br />wth respect ro any lease of space in the Trust Property, or any Portion thereof, whether such lease is now or hereafter in existence:
<br />(a) ilccept or permit any Prepayment, discount or advance payment of rent hereunder in excess of one month,
<br />(b) Cancel or the same, of accept any cancellation, termination of surrender thereof, or permit any event to occur which would
<br />Occur ftAkmd@r to Or cancel the same, othea than termination for nonpayment of rent,
<br />(c) tlmt or nro� the same so as 10 reduce the term thereof, the rental payable thereunder, or to change any renewal provisions Amend
<br />(d) Wave any d~ Mrereunder or breach thereof,
<br />(e) G" any OCARMN, waver or epp/ova therounder or take any other action in connection therewith, or with a lass@& Mereunder, which
<br />WOW have the ef/ect Of ' ' the value of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />Or of Beraftoiay therein, or
<br />(1J Sok asslign, pledge, mortgage or otherwise dispose 01, or encumber Its interest in any said lease or any rents, issues, profits issuing
<br />or adaing thereuridgr.
<br />17. Waver Of Statute or limitations. Time is of the essence in ail of Trustor's obligations and duties hereunder; and to the extent permitted
<br />by low, Trrsror waves 4# present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />any ach on or proceeding for Me purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />18. ASSIViNIOnt of Deposits. In the @vent construction of improvements is contemplated by the loan evidenced by the Note secured
<br />Eby, as additional security threrelors, Truster hereby transfers and assigns to Beneficiary, all fight, title and interest to any and all
<br />rmOa&s deposited by or on behalf of Truster with any city, county, public body or agency, sanitary district. uUMy company, and
<br />SOY other body or agency, for the Installation or to secure the installation of any utility c Truster, pertaining to the, Trust Property.
<br />19. Corporation or Partnership Existence, t Truster is a corporation, general panneiship, or limited partnership, o will do Trust
<br />firings
<br />necessary to preserve its corporate or Partnership existence, as the case may be, and all rights and privileges under the Jaws of the
<br />stare of its Incorporation or organization.
<br />20• Forboorarme by Benefcrary Nor a waiver Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />eforded by applicable law, shag not be a waiver of or preclude the exorcise of any such light 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 />accebratt the maturity of the indebtedness.
<br />21. Remedies Cumulative. Alf remedies provided !n this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust of afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />22. Successors and Assigns Bound; Joint and Several Lability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shag inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor . All covenants and
<br />of Trustor she# be joint and severer. The captions and headings of the paragraphs of this Deed of Trust are for
<br />carvanionce Only and are trot o 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 Trustor provided for in this
<br />Deed of Trust shag be given by mailing such notice by certified mail, return receipt requested addressed to Trustor at its mailing
<br />address set forMn above or at such Other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any
<br />notice to Bert®fclary or Trustee shale be given by c@rtiffed mail, return receipt requested, to Beneficiary's and Trustee's in
<br />address stated herein or to such other address as Beneficiary O Trustee may designate by notice to Trustor as provided heron. Any
<br />notice provided for in this Deed of Trust shall be deemed o have been given to Trustor, Beneficiary or Trustee when given in the _
<br />manner designed herein.
<br />24. Governing Law; Severabildy. 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 thus end the provisions of this Deed of Trust are declared to be severable.
<br />25. Events of Default. Each Of the following occurrences shag constitute an event of default hereunder, (hereinafter called an "Event
<br />of DelauiC'):
<br />(a) Trusts shag fat o pay when due any principal, interest, or principal and interest on the Indebtedness,
<br />(b) Any w8trm►ri' Of rift made by Trustor herein shag be untrue.
<br />(c) Trustor shag 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 ~ prove lase O materially mmsleading,
<br />(e) Trustor shy fag to p@Aofm or O&serv@ 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 />(l) A taste@• receiver, or liquidator Of ere Trust property or of Trustor shall be appointed,
<br />Pefton
<br />m Y against Trusor• or or the reorganization of Trustor pursuant nt to the Federal an Bankruptcy Code, O any isimilar
<br />law, wfreMtef lades or state and it such order of petition shall not be discharged or dismissed within t
<br />err which such order or was filed hi ry t (30) days after the date
<br />(g) Trustor shag No a petition pursuant to the Federal Bankruptcy Code or any similar law, federal or slate, or if Trustor shall be
<br />a bankrupt or be declared insolvent, or shag make an assignment for the benefit of creditors, or shalt admit in writing its
<br />mobility to Pay its debts as they become due, O shag consent to the appointment a a receiver of all or any part of the Trust Property,
<br />(h) Finn t for the payment 30 of days aft shag en be rendered against Trustor and Trustor shall not discharge the same, or cause it to
<br />be discharged, within thirty (30) d@ys atta th& entry thereof, or shall not appeal therefrom or from the order, decree or process upon
<br />which or Pursuant to which said /udgment was granted, based, or entered, and secure a stay of execution pending such appeal,
<br />(r) Trustor sn a stilt on convey the Trust Property, or any Part@ thereof, or any interest therein, or shall be divested of its title, or any interest
<br />obtain»• in any morn or way. w vduntonly or involuntarily, without the written consent of Beneficiary being first had and
<br />obtained, df
<br />O) M Trustor is 8 COMM~ or partnership and more than fifty percent (50%) of the shares or beneficial interests in such corporation or
<br />, es Me case may be, shy be transferred O conveyed, whether voluntarily O involuntarily, without the written consent of
<br />being first had and Obtained.
<br />26, Acceleration of Debl; Foreclosure. Upon the occurrence of any Event of Default, or any time thereafter, Beneficiary may, at its option•
<br />declare alf ft Indebtedness secured hereby immediately due and payable and the same shag bear interest at the default rate, if any,
<br />sat Obi& in the Aloes, or otherwise at tie 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 O more of the following;
<br />fe) may enter upon, take possession of, manage and operate the Trust Property or an p
<br />and do any acts which y Pert thereof; make repairs and
<br />diems proper to protect the security thereof, and either with or without taking �
<br />in its own name, sue for or otherwise collect and receive rents, issues and profits, including those past due and unpaid,
<br />and apply MR name, less costs and expenses of operation and collection, including reasonable attorney loos and Beneficiary's
<br />&W assemble Upon tine Indebtedness secured hereby and in such Oder as Beneficiary may determine. Upon request Of Beneficiary, Trustor
<br />fe" Possession and shat make available ro Beneficiary any of the Trust Property which has been removed. The entering upon and
<br />Of Mme Trust PMPerty, the collection of any rents, issues and profits, and the application thereof as aforesaid, shag
<br />not case of waive any default Mwrsto for@ or tereafter Occurring• or affect any notice of default or notice of sale hereunder or
<br />any act done pursuant to any such notice. NoWthstanding Beneficiary's continuance in
<br />application of rents, issues a Pr in this D e receipt Truf and
<br />proMs, Beneficiary shelf b@ entitled for exercise every right provided for ,n this Deed of Trust or by law
<br />upon or Oftf the Occurrence of an Event of Default, including rho right to exercise the power of sale Any of the actions referred to in
<br />Paragraph may be taken by Bfinffficiffif)i at such time as Beneficiary may determine withoin regard to the adequacy of any
<br />"CUIVY for the Indebtedness secured
<br />yP
<br />(b) r~ f Of 8 r without by sayocourt having junsdictiyvn, wr�t�u�� the s�ttake rposseass,ored hereby, protect. hr a�ht7tN the e 7nrsl
<br />f >s+►Y arol operats ado son& and coldech the rants, Issues and profits therefrom
<br />lcl im), May bring any action in any Cob,, Of ckurmPetent ftrngdterron to foreclnaN U„s Bites of T nAt toe nrrtorch+ Mny lit File
<br />covenents twoof
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