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<br />i6 Cove^anrs of Trustor with Respect to Leases. Without the pnor written consent of Beneficiary. Trus or shalt u c nduectiy
<br />with respect to any lease of space in the Trust Property, or 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 />lb) Cancel or terminate she same, or accept any 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 />(ci Amend or r rodify the same so as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions
<br />therein contained,
<br />(d) Waive any default thereunder or breach, thereof.
<br />let Give
<br />ould have the effect waiver t impairing or r he there nder lessor's any other thereuriderr on he property subject thereto. or of thereunder
<br />mpairing the
<br />hich
<br />position or interest of Beneficiary therein, or
<br />or encumber its interest in any said lease or any rents, issues, profits issuing
<br />(f) Sell, assign, pledge, mortgage of otherwise dispose of,
<br />or arising thereunder.
<br />17. Waiver of Statute of Limitations. Time is of the essence in all of s with obligations and duties hereunder; and to the extent hereby and
<br />by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand are 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. secured
<br />78. Assignment mo Trustor of improvements
<br />contemplated
<br />the t
<br />as additional therefore, herebyansfe s and assigns to Beneficiary, all right, title and interest o any and all
<br />monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and
<br />any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. It Trustor is a corporation, general partnership, or limited artnership, it will do all things
<br />p
<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 bylBen applicable Beneficiary Not nW iv r waiver Any of forbearance bit Bheee ciar. a in of any such any
<br />right . orm remedy. remedy he procurement otherwise
<br />afforded by app
<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 />ies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />21. Remedies Cumulative. All remed
<br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successrvely.
<br />22. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein containe half bind. and
<br />the rights hereunder shall inure te, the respective successors and assigns of Beneficiary, Trustee, and Trustor. All cover ins and
<br />agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Tru st 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 Trustor provided for in this
<br />Deed of Trust shat! 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 notes 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 />Deed of Trust shall be governed by the laws of the Stale of Nebraska. In the event any provision or
<br />Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Tru
<br />24. Governing Law; Severabiliry. This sr which can
<br />clause in this Deed a
<br />be given effect without the conflicting provisions and to this end the provisions of this Deed of Trust are declared 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) 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 n this Deed of Trust.
<br />(dl Any representation or warranty made by Trustor on any financial statements or reports submitted to Beneficiary by or on behalf of
<br />Trustor shall prove false or materially misreading,
<br />(e) Trustor shall fail to perform or observe any of the covenants, conditions or agreements contained in. e or binding upon Trustor under
<br />r any other
<br />any building loan agreement, security agreement, loan agreement, financing statement. or agreement, instrument or
<br />document executed by Trustor in connection with the loan evidenced by the Note.
<br />/t) A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed, or any of the creditors of 7rustor shall the a
<br />petition in bankruptcy against Trustor, or for the reorganization of Trustor pursuant to the Federal Bankruptcy 3) da, or any similar
<br />law, whether federal or state, and if such order or petition shall not be discharged or dismissed within thirty
<br />days after the date
<br />on which such order or petition was filed.
<br />(gl Trustor shall file a petition pursuant to the Federal Bankruptcy Code or any similar taw. federal or state. or if Trustor shall writing its
<br />adjudged a bankrupt, or be declared insolvent, or shall make an assignment for the benefit of creditors, or shall admit Tr sr Property,
<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 Tru
<br />(h) Final judgment for the payment of money shall be rendered against Trustor and Trustor shall not discharge the same, or cause it to
<br />discharged, within thereof, or shall not appeal therefrom or from the order, decree or process upon
<br />be disc n thirty (30) days after the en ted, based, or entered, which said judgment was granred, and secure a stay of execution pending such appear,
<br />which h pursuant hi
<br />(i) threrein,shall
<br />in any mannerior way, whether voluntarily oluntarily o� nvolunttarily, without the written rconsent ofl Beneficiary being first had and
<br />nterest y interest
<br />obtained, or
<br />(j) d Trustor is a corporation or partnership and more than fifty percent (50%) of the shares r i beneficial
<br />olu to it interests t such corporation or
<br />partnership, as the case may be, shall be transferred or conveyed, whether voluntarily or involuntarily, without the written consent et
<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 all the Indebtedness secured hereby immediately due and payable and the same shall bear interest at the default rate, if any.
<br />set forth 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 Trustor, do one or more of the following,
<br />(a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any pan thereof: make repairs and
<br />alterations and do any acts which Beneficiary 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 apply the same, less costs and expenses of operation and collection, including reasonable attorney fees and BeneficI I s
<br />costs, upon the indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary, 7rustor
<br />shall assemble and shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon ana
<br />L taking possession of the Trust Property. the collection of any rents, issues and profits, and the application thereof as atom said. 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 />invalidate any act done pursuant to any such notice Notwithstanding Beneficiary 's continuance ire. possession ur receipt and
<br />application of rents, issues or profits. Beneficiary shall be entitled to exercise every right drowned !or in this Deed of bust or by law ti
<br />upon or after the occurrence of an Event of Default. including he right to exercise three power u+ saiF Anv oetlrr actors; reterreo fo iii
<br />this paragraph may be taken by Beneficiary at such time as Beneficiary maV dettrmme withi Lit reyuo 1n the aoequacV ref anV I
<br />security for the Indebtedness secured hereby.
<br />(b) 8eriefrciary shall, without regard to the adequacy of any security for hr= In•ie[rre are e -
<br />appoininient Fit a roc elver by any r .curt having J +,r itidl('I r7 wi}hnui nUnr last < .
<br />�rupert i 1 otKarate trr; ;an e and a line t the ri nt e.; sues am n. rd rift. err,
<br />her (t rte
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