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<br />16. Covenants of Trustor with Respect ro Leases Without the prror wnrten :crsen! of Senet c,ary, rrustor shall not. directly or i.ichrecUy,
<br />with respect to any lease of space ir. r "e Trust Property. or ary nor:on therett, whether such iea�o rs ro:v cr hereafter 117 existence'
<br />!a) Accept or permit any ,prepayment. discount or advance payment t,f rent hereunder rr. excess of one month.
<br />(b) Cancel or terminate the 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 />C (c) Amend or modify the same so as to reduce the term thereof, me rental payable thereunder, or to change ary renewal provisions
<br />therein contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give any consent, waiver or approval thereunder or take any other action in connection therewith. or with a lessee thereunder. which
<br />would have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto. or of impairing the
<br />positron or interest of Beneficiary therein, or
<br />(f) Sell, assign, pledge, mortgage or otherwise dispose of. or encumber its interest in any said lease or any rents. issues. profits issuing
<br />or arising thereunder.
<br />17. Waiver of Statute of Limitations. Time is of the essence in an of Trustor 's obligations and duties hereunder: and to the extent permitted
<br />by law, Trustor waives all present or future statutes of limitations with respect ro 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 improvernents is contemplated by the loan evidenced by the :Note secured
<br />hereby, as additional security therefore. Trustu, hereby transfers and assigns ro Coneficiary, all right, title and interest to any and all
<br />monies deposited by or or behalf of Trustor with any r_,,y, county, public body or agency, sanitary district, utility company. and
<br />any other body or agency, for the rristahation or to secure the mstailation of any utility by Trustor. pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence it Trusror 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 Not a waiver Any frroearanre by Beneficiary rn 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. Ali 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 taw or equity. and may be exercised concurrently, independently or successively
<br />22. Successors and Assigns Bound, Joint and Several L•abihrry. 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 Trustor. All covenams and
<br />agreements of Trustor shall 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 I;ereof
<br />23 Notice. Except for any notice required under applicable iaw to be given •n another manner. %a) any notice to Trustor provided for in this
<br />Deed of Trust shall be given by marling such notice by cerified mail, return receipt requested addressed to Trustor at its malting
<br />address set forth above or at such other address as Trustor may designate by notice tp Benefrcrary as provided herein, and (b) any
<br />nonce to Beneficiary or Trustee shall be given, by certrhed mail, return receipt requested to Benehcfary's and Trustees maihnq
<br />address stated herein or to such other address as Beneficiary,)! Trustee !nay designate by notice to Trustor as provided herein. Any
<br />nonce provided for in this Deed of Trust snarl be deemed to have beer, given to Trustor. Beneficiary or Trustee when given in the
<br />manner designated herein
<br />24. Governing Law: Severatmity, This Deed of Trust shah be governed tiv the laws of the State of Nebraska. In the event any provision or
<br />clause of this Deed of Trust conflicts wilt, applicable law. sac` Ccrifhct shah not affect ether provisions of this Deed of Trust wnic.n can
<br />be given effect without the cortficGng prew,sicns aria to this end the prov,siors of this Deed of Trust are declared to be severable
<br />25. Events of Default Each of ,the following occurrences snaf) cershulle an evert of default hereunder, tnerenaffer called an "Event
<br />of Default i
<br />(al Trustor shall fail to pay wher, :rue any principal, interest or prncipai and interest on the trideoredness.
<br />;b) Any warranty of rite made by Trustor herein snail be urtrue,
<br />Ic) Trustot shall fall to observe or perofin ir,y of the covenants. agreerneeis, or i :Ondihoes in !his Deed •r Trust.
<br />id,' Any representation or warranty made b, Trusror cri any hnanc,al .sraremenis o reports .cti.nmitted rc Beneficiary by or or behalf of
<br />,Trustor shall prove false or rtateriaily misreading.
<br />ie) Truster shall fail to perform or observe any o0 he coveriarits. condufcns or agreements ccw! aired In. :;r rending upon Trustur under
<br />any building loan agreement. securiry agreerrent.can agreemen!, frnancrny^ staternerif, or any other agreement, instrument or
<br />document executed by Trustor in connection with the loan evidenced by the Note.
<br />,
<br />0 A trustee. receiver or liquidator Of >he Trust Property or 0 Trusnxr sna!, be appointea . or any of the creditors of Trustor ,half rue a
<br />petition in bankruptcy against rrustor or rot the reorganization of Trustor � rsuar?r to the Federal Bankruptcy Code, or any stinrlar
<br />iaw. whether federal or state, and it such urger or permon shall ror be d,scNrsed or (lism;ssed within thirty (300 days after the dare
<br />on which such order or petition was flied,
<br />eg) Trustor shall hie a petition pursuant to the Federal Bankruptcy Code or any similar law federal or state, or it Trustor shall be
<br />adjudged a bankrupt, or be declared rsoivent or shail make an assignment for the benefit of creditors, or snall adm;t in writing ifs
<br />inability to pay its debts as they become due. cr shall consent to the appointment of a receiver of ail or any part of the Trust Proper 4,,
<br />.'h) Final judgment for the payment of money shall be rendered against Trustor and Trustor shalt not discharge the same. or cause ,r to
<br />be discnarged. within thirty (30i days after the errry rnereof. Or snail riot appeal therefrom err from the orde,. decree or process i:pon
<br />which or pursuant to which said judgment was granted. based, or entered. and secure a stay ol execution pending such appeal
<br />Trustor shaft sell or convey the Trust Property, or anv par! thereof, or any interest therein or shall be divesred of its title or any +merest
<br />therein, in any manner or way, whether volunranly or invotuntarity, wltnc:ur the wetter, consent cif Benehciary np,nq t;rsr hac, and
<br />obtained, or
<br />;1J It Trustor;s a corporation or partnersnip and more than tfty percent i 50";! of the snares or beoerociai interests sv s:..cn cerpor<•non , r
<br />partnership, as the case may be. shall be transferred or conveyed whether voiu.rdarly iii rnvoiuntaniv. virnout me writer consent
<br />Beneficiary being first had and obtairen
<br />26 Acceleration of Debt: Foreclosure Upon the occurrence of any Event c! Deraul!, cr any tare meneaher Bener:ct,ar, rnay. err'!s cpnon
<br />declare all the Indebtedness secured hereby nrrmed,ately due ano payable ano ine sar,:a shad bear .merest at r! ", default rate, eriy .
<br />set forth in the Note, nr .otherwise at the highest rate permitted by iaw . and, i.rrespectrve of W:nether Beneficrary exercises card opho,4. d
<br />may, Nils option and in ds sole, chscrefron, withour any further notice or demand to cr upon Trustor, do one (ir .more cif the fa *)iiowirq,
<br />tai Beneficiary may enter ;lpon, take possession of manage and operate the Trust Property or arty czar thereat. !rake repass ano
<br />alterations and do any acts wrrrch Beneficiary deems proper iii r -oreCt the security thereof and c?•lher with or ;%ifhoat raking
<br />possession, ,n ,rs own name sue for Of otherwise collect and receive rerrs. issues and y.)r. ^ill's. +ni itld,ng those past title iin7 ani!ti�i7.
<br />and sppfy the .same, less costs and expenses of operation and coiiec lion, inciud,rlq reasonabie afromey ifi es ant! Bene!icia.n, r;
<br />costti upoii the indebtedness p9cigod hereby 1 ' i such order as Ben efic ary triav o ,r e es ,f Henn l r a ti l fc
<br />shah assemble and %nali make ava is ,c to Her eh:,7 y any of tnt T. ust P,oLetn, H , r ,3ti t t r Ne . The
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