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<br />10. Covenants of Truster with f?osWt to teases. Without the prior written consent of Beneficiary, Trustor shall not, directly or indlroptly,
<br />with respect to any /ease of V400 in Me Trust Property, or any portion thereof, whothar such lease is now or hereafter in existence:
<br />(a) Acceptor Permit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br />M Camel or terminate Me same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would
<br />MW OMWNK* to WMA10 of cancal the some, other then termination for nonpayment of rent,
<br />(c) Amend or modify the am" so as to reduce the form thereof, the rental payable thereunder, or to change any renewal provisions
<br />(hervirt Contained,
<br />(d) WOW any default thaireurrdar or breach thereof
<br />(0) " any consent, waiver or val thereunder or take any other action In connection therewith, or with a lease@ thereunder, which
<br />WOWWOV ft OPNOW Qf= �ft Value of the lassors interest thereunder or the property subject thereto, or of Impairing the
<br />POON" Or IfftVat of , or
<br />(0 SK 40MOL pledge, mortgage of otherwise dispose of, or encumber its interest in any said less* or any rents, issues, profits issuing
<br />or &*ft Owairislar.
<br />17. Waiver of Statute of UntilaMm. Time is of the essence in aff of Truster's obligations and duties hereunder, and to the extent permitted
<br />by law, TnWm w0fM AN Present of future statutes of limitations WIM respect to any debt, demand or obligation secured hereby and
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or romedes contained heroin.
<br />18. Ahagnment of Deposits. in the event construction of improvements Is contemplated by the losn evidenced by the Now secured
<br />hereby, as addilional security therefore, Truster hereby transfers and assigns to Beneficiary, all right, fill@ and interest to any and ail
<br />moroas deposited by or an behalf of Truster with any city, county, public body or agency, sanitary d1&,,#ct, utility company, and
<br />any other body or agency, for the installation or to secure the installation of any utility by Truster, pertaining to the Trust Property,
<br />19. Corporation or P Existence. If Truster 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 organization.
<br />20. Forbearance by Beneficiary Net a Waiver, Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />afforded by appAcable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />insurance Of the Payment of taxes or the discharge of lions or charges by Beneficiary shall not be a waiver of Beneficiary's tight to
<br />Bccsi@rMe the maturity of the Indebtedness.
<br />21. Remedies Cumulative. All remedies provided in this Deed of Thist 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 shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Truster. All covenants and
<br />agreements of Truster shat! be Joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are not to 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 Truster provided for in this
<br />Deed of Trust shelf be given by mailing such notice by certified mail, return receipt requested addressed to Truster at its mailing
<br />address set " above or at such other address as Truster 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 Truster, Beneficiary or Trustee when given In the
<br />manner designated herein.
<br />24. Governing Law; Severatiffity, 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 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 Default'):
<br />(a) Truster shah fail to pay when due any principal, interest, or principal and interest on the Indebtedness,
<br />(b) Any warranty of fide made by Truster herein shall be untrue,
<br />(c) Truster shall 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 Truster on any financial statements or reports submitted to Beneficiary by or on behalf of
<br />Truster shall prove false or materially misleading,
<br />(e) Truster shah fail to perform or observe any of the covenants, conditions or agreements contained In, or binding upon Truster under
<br />any building Ioari agreement, security agreement, loan agreement, financing statement, or any other agreement, Instrument or
<br />document executed by Truster in connection with the loan evidenced by the Note,
<br />(0 A trustee, receiver or liquidator of the Trust Property or of Truster shall be appointed, or any of the creditors of Trustor shall file a
<br />petition in banirruptcy against Truster, of for the reorganization of Truster pursuant to the Federal Bankruptcy Code, or any similar
<br />law, whether federal or state, and if such order or petition shall not be discharged or dismissed within thirty (30) days after the date
<br />an which such order or pawn was filed,
<br />(g) Trustor she# No a Petition pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or if Truster shall be
<br />sayudged 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 ft payment of money shall be tendered against Truster and Truster 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) Truster she# so# or convey the Trust Property, or any part thereof, or any interest (herein, 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) N Truster Is a corporation or partnership and more than, fifty percent (501/6) of the shares or beneficial interests in such corporation or
<br />Partnership, as the 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 aft the bidebleciness secured hereby immediately due and payable and the some shall bear interest at Me default rate, if any.
<br />8W forth in the Note, or otherw0ee at the highest rate permitted by low, arid, irrespective of whether Beneficiary exercises said option, it
<br />RW at its option and in its sole discretim, without any further notice or demand to or upon Truster, do one or more of the following;
<br />(8) B&Mftt&y may enter upon, take possession of, manage and operate the Trust Property or any part (hereol; maker and
<br />~1116" slid do any acts which Beneficiary deems proper to protect the security thereof, and either with or without taking
<br />posessakii, in Its own name, am for or otherwise collect and receive rents, issues and profits, including those post due and unpaid,
<br />end apply the SOMo, low costs and expenses of operation and collection, including reasonable altomey fees and Beneficiary's
<br />costs, upon the Inciebtedriess secured hereby and in such order as Beneficiary may determine. Upon request of Beriefick", Truster
<br />shall essernble and shaft make available to Berieficisty any of the Trust Property which has been removed. The entering upon and
<br />Mkingpossession of the Trust Property, the coMectkin of any rents, issues and profits, and the application thereof its aforesaid, shat!
<br />net om of WOW any do&jft thateleferp of theteafter occurring, Of affect any notice of default or notice of sale hereunder or
<br />MvWtd&V any set done pursuant to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and
<br />APP40800n Of rents, issues orproft, Beneficiary she be entitled to exercise every right provided for in this Deed of Trust or by law
<br />upon Of after Me Occurrence of an Event of Default, including the right to exercise the powoo, of sale. Any of the actions referred to in
<br />Oft
<br />W Paragraph May s be taken by Beneficiary at ssuch "a a Beneficiary May determine without regard to the adequacy of any
<br />security Ifte indetifealm secured hereby,
<br />(A) Beneficiary shall, W&W regard to the adequacy of any security for the Indebtedness secured hereby, be 6nnifed to the
<br />MOPOOMWIf of A weiver by any cow having Jurisdiction, without notice, to take possession Of, Protect, and inanago the Trust
<br />PMPWY and Operate the $arm and collect the rents, issues and prolits therefrom.
<br />(c) Beneficiary may bring any action in any court of competent Jurisdiction to fivectose this !Deed of Trost of ehlowo anvol the
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