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100177
<br />16. Covenants of Trustor with Respect to Leases. Wthouf'he ,of written consent of Beneficiary, Trustor shall nct. directly of indirectly.
<br />with respect to any lease of space in the Trust Prope "y. CT any portion thereof, whether such :ease is now or hereafter in existence'
<br />ss of one month,
<br />la) Accept or permit any prepayment. discount or advance payment of rent :hereunder :n exce
<br />lb) Cancer or p3rtnyrate the same. or accept ery cancellation. termination or surrender thereof or permit any event to occur which would
<br />occur thereunder to terminate or cancel the same, other than termination for nonpayment of rent,
<br />(c) Amend or many the same so as to reduce the term frmereof, the rental payable thereunder, or to change any reriewai provisions
<br />therein conlairrield,
<br />(d) Wafve any default thereunder or breach thereof.
<br />{e) Give er►y consent, waiver of approval thereunder or take any other action it connection therewith, or with a lessee thereunder. which
<br />would have the effact of impairing the value of the lessor's interest thereunder or the property subject thereto. or of impamng he
<br />position or interest of Beneficiary therein. or
<br />`! Sell, assign, pledge, mortgage or otherwise dispose of. or encumber its interest m any said lease or any rents, issues. profits issuing
<br />Or arising thereunder.
<br />77. Waiver of Statute of Lmitations. Time is of the essence in all of Trustor s obligations and duties hereunder; and to the extent permitted
<br />by law, Trustor waives air present a future statutes of limitations wr71 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 remedies contained herein.
<br />18. Assignment of Deposits. in the event construction of improvements is contemplated by the loan evidenced by the Note secured
<br />hereby, as additional security therefore, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all
<br />rnonnies depostled by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utifity company, and
<br />any ofimer body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Property.
<br />79. Corporation or Partnership Existence. If Trustor is a corporation, general partnership, or limited partnership, it will do all things
<br />necessary to preserve ifs corporate or partnership existence, as the case may be. and all rights and ,privileges under the taws 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 ills inct and cumulative to ery other right or remedy under this
<br />Deed of Trust or afforded by law or equity, and may be exercised corcurrently, 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 tights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. All covenants and
<br />agreements of Trustor shall be pint anal 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. (ai 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 Trustees 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 Law: Severabilfry. This Deed of Trust shall be governed by the laws of the State or Nebraska in the event any provision or
<br />clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect ether .prows ions 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 snail constitute an event of default hereunder. (hereinafter called an 'Ever!
<br />of Default •):
<br />fa) Trustor shall fail to pay when due any principal, interest, or principal and interest on *he 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, c r conditions m tnis Deed of Trust.
<br />(d) Any representation or warranty made by Trustor on any financial statements or reports subrr7!hed to Benetiaary by or on behalf of
<br />Trustor shall prove false or materially misleading.
<br />ie) Trustor shall fad to perform or observe any of the covenants. conditions or agr instrument or
<br />eements contained ir., or binding upon ,'rustor under
<br />any building loan agreement, security agreement. loan agreement, financing statement. or any other agreement,
<br />docurnent executed by Trustor rn connection with the Bari evidenced by the Note,
<br />tf) A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed. or any of the creditors of Truster shah file a
<br />petition in bankruptcy against Trustor. or for the reorganization of Trustor 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 withut thirty (30) days after the date
<br />an which such order or petition was filed.
<br />ig) Trustor snail file a petition DU(Suant 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 Denefit 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 ar, y ;.art of the Trust Property.
<br />thl Final judgment for the payment of money shall be rendered against Trustor and Trusts r ;tan not discharge the same. or cause r, to
<br />be discharged, within thirty (30) days after the entry thereof, or shall not appeal therefrom or from the cider. decree or process upon
<br />which o pursuant to which ;aid judgment was granted, based. or entered, and secure a stay of execution pending such appea.
<br />lr) Trustor shall sell or convey the Trust Property. or any part thereof, or any interest therein, or shall be divested of its uUe. 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 />jj it Trustor is a corporation or partnership and more than fifty percent 601a) of the shares or beneficial interests rn such Corporation Or
<br />partnership, as the case may be, shall be transferred or conveyed, wnether voluntarly or involuntan)v. wilnour the written consent Of
<br />Beneficiary being first had and obtained.
<br />25, Acceleration of Debt: Foreclosure. Upon, the occurrence of any Event of Delauif, or any time thereafter, Beneric ary may• at ifs option .
<br />declare all the Indebtedness secured nereby immediately due and payable and me same shall bear interest at the default rate. if arty.
<br />set forth in the Note. or otherwise at the highest rare permited bylaw. arid. irrespective of whether Beneficiary exercises said option, I
<br />may. at ifs option and in its sole discretion, withcwt any further notice or demand to or upon Trustor, do one or more of me loilowing.
<br />fa) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any part fherecl, r *rake reDatis arid
<br />attsravons and do any acts which Beneficiary deems propel to raroreci the security inereof ono eilher with Cl! witnnuf !ak+ng
<br />possession, rn is own name. sue for or otherwise collect and receive rents. issues ano profits inciuding those PaV clue and
<br />and sptdy the same. less costs arrd expenses of operation and collection. ,r7ClU f rr, re .onabie arl vne y lees and bent l ctary .
<br />CYrst", upon the Indebtedness seC�ured hereby and +n, such order as BenetiC)ary rnik Jetr rmine i s' ?"
<br />1 shall assemble and Shall make bvadabie ti:i Beneficiary any of the 7rus1 p,npert1 wt i, :n hilt !If�pn removeo The a nfeiffw o i in
<br />1 talk +rig pUS�IS.gS'iC9n car _ n be a ?5 f r ❑ :�
<br />lfoethe CCYlf r rd f a v ents. S u s ant' r rlta drill rid 3i.,
<br />t f the Trust i
<br />(— Kit Cure or walive ar y de fault trier[ ofore » thereafter ol .0 i t n4 � r ive i t u y nt c r f rr td i> x c �' l e i ere r y
<br />tr9r a3rd�t@ 9('y ?J ('.i dnit e l'Jf .,✓dint I > any aUGh nflrlC w iyc rWtir cal rt! 1(] 1'ff t r. aft .:'.f f f aI L , "1•;. { r` ? 1 r ii :�
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