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JM
<br />16. Covenants of Trustor with Rest to Leases. Without the prior written consent of Beneficiary. Trustor shall not, directly or indirectly,
<br />with respect to any lease of space in the Trust Property, or any portion thereof whether such tease is now or hereafter in existence:
<br />la) Accept or permit any prepayment, discount or advance payment of rent hereunder in 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) Amend or modify 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 />(a) 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 etfeot of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />position or interest of Beneficiary therein, or
<br />(f) ,Sep, 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 all 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 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. Truslor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all
<br />monies deposited by or on behalf of Trustor with any city, county, puNic 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. if Trustor 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 forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />afforded by applicable law, shall nor be a waiver of or preclude the exercise of any such hght,or;remedy. ,The procurement of
<br />insurance or the payment of taxes or the discharge of liens or charges by Beneficiary sha I not be a waivergGBeneficiary's right to
<br />accelerate the maturity of the indebtedness. i "—,
<br />21. Remedies Cumulative. Alf remedies provided in this Deed of Trust are distinct and cumulative to any other ng`fit 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, ant
<br />The rights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. All covenants 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 hereof.
<br />23. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustor provided form 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 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 />24. Governing Law; Severability. This Deed of Trust shaft 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 car:
<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) Trustor shall fail to pay when due any principal, interest, or pnnctpai and interest on the Indebtedness.
<br />(b) Any warranty of titre made by Trustor .herein shall be untrue.
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<br />(c) Trustor 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 Trustor on any financial statements or reports submitted to Beneficiary by or on behalf of
<br />Trustor shall prove false or materially misleading,
<br />(e) Trustor shall fail to perform or observe 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 />(f) A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed. or any of the creditors of Trustor shall fife 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 within thirty (30) days after the date
<br />on which such order or petition was hied,
<br />(g) Trustor shall file a petition pursuant 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 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 e.r any part of the Trust Property,
<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 />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 />0) Trustor shall sell or convey the Trust Property. or any part thereof, or any interest therein. or shall be divested of its title, or any interest
<br />iherein. in any manner or way, whether voluntarily or involuntarily, without the written consent of Beneficiary being first had and
<br />obtained, or
<br />O tf Trustor is a corporation or partnership and more than fifty percent (501-a) of the shares or beneficial interests in such corporation or
<br />partnership. as the case may be. shall be rransterred 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 ail the Indebtedness secured hereby immediately clue and payable and the same shall bear interest at the default rate. it 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 notion and in its sole discretion. without any further notice or demand to or upon Trustor, do one or snore of the following:
<br />(a) Beneficiary may enter upon. take possession or, manage and operate the Trust Property or any part thereof, make repairs and
<br />afteratfons 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 profts, including those past due and unpaid.
<br />and apply the same, less costs and expenses of operation and collection, including reasonable attorney fees and Beneficiary s
<br />costs. upon the Indebtedness secured hereby and in such order as Beneficiary may determine Upon request of Beneficiary, Trustor
<br />strati assemble and shall make available to Beneficiary any of the Trust Property which has beer removed. The entering upon and
<br />taking possession of the Trust Property. the collection of any rents, issues and prohrs, arid the application thereof as aforesaid, shah
<br />not cure or waive any default theretofore or thereafter occurring, or affect any novice of defau f Or nn r e Of saie hereunder 01
<br />trivairdate any act done pursuant to any such notice. Motwathstandrny Benefcrary s continua Ice i r nssesslen Rr rer,erc? dad
<br />at plreaw, .�if rents, issues or prohrs. Beneficiary sha i be entitled to exercise every l grif 1 o ft d for i this Deed of Ti(r r Or hV idw
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<br />upon Cr dfw the Orrcurrgrh a of an Event of Default t .u(prig the r-,qhiro c xerc: se the ?c w r + 3r4 1 y t! f ) e lerred ,C e�
<br />rhos paragraph rr!ay ire Taken by Beneficiary fir such f ;nee as Uenelrcia y may tfelcrn, rio w,.n,.,., t ya 1 ,n ,.,t
<br />sec:unty!;x the 0demouness secured?"wepy
<br />Ti) l3rxxafl i i V sn& . Wtf! ash re:) �F r t- Me ade(;UaC y ofany -Jeciwry fi)r rnA
<br />-ri'p(>nfr"e, . )f it rtit,O -Vv, bi' wy ;;n +tit havintl liar Si7 .,: „', w II CJJt 'Silo '; +� __; .tr •:. , . r ..,_ ., . {�Ic= . , i, ,
<br />r- 'fi?�;wy r3r�tt '.1C•C"tf ..'f`E+ dP14. eafl �.tiiilr .. e lf. f .
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