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16. Covenants of Trustor with Respect to Leases. Without the prior written consent of Beneficrarv. Trustor shaft not. directly or indirectly,
<br />With respect to any ;base Of space in the Trust Property, or any portion thereof. whether such teasers now or hereafter in existence:
<br />(a) Accept or permit any prepayment. discount or advance payment of rent hereunder m excess of one month,
<br />(b) Cancei or terminate the same. or accept any cancellation, termination or surrender thereof, or permit any event to occur which would
<br />- oc0-ur i;,e-aunder M ta_rminate ar canoet the same, othertt;ar tenminatio.n,, for nonpay;nen, of;an:,
<br />(c) Amend or modify the same so as to reduce the term thereof the rental payable thereunder. or to change any renewal pravisams
<br />therein contained.
<br />t'd1 Waive any default thereunder or breech therein
<br />(e) Give any consent, waiver or approval thereunder or take any other action in connection therewith. ar with a lessee thereunder, >
<br />would have the effect of impairing the value of me lessor s interest ;hereunder or the property subject fherefo, or of impairing the
<br />position or interest of Beneficiary therein, or
<br />Sell, assign, pledge, mortgage or otherwise drspose of or encumber rrs interest in any said lease or, any rents. Issues. profits issuing
<br />ar arising thereunder.
<br />77: Waiver of Statute of Limitations- Time is of the essence in all of Trustor's obligation and duties hereunder, and to the exlem penned
<br />by law, Trustor waives aft present or future statutes of limitations with respect to any debt. demand or c0ligaAon secured hereby and
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies dried herein
<br />M Assignment of Deposits. In the event construction of improvements is contemplated by the loan evidenced by Zfie Nofe secured
<br />hereby, as additional security therefore. Trustor hereby transfers and assigns to Beneficiary, all right LYie and interest to any and a#
<br />monies deposited by or on behalf of Trustor with any city. county- public body or agency, sanitary distr c uti&fy 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 =poravon. general partnership, or limited partnership. it da alt things
<br />necessary to presen a its corporate or partnership exwance, as the case may be. arm` all rights and privileges under the laws of the
<br />state of its incorporation or organization_
<br />2'9. f=orbearance by Beneficiary Not a Waiver Any forbearance by Beneficiary m exercising any right or remedy hereunder. or rwzse
<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 tier s or charges by Beneficiary shall not be a waiver of Bereficrary "s rigfrtt€i
<br />_ accelerate the maturity of the Indebtedness-
<br />27- Remedies Cumulative. All remedies provided it this Deed of Trust are distinct and cumulative to any other rVrt or remedy utiier this
<br />Deed of Trust or afforded by law or equity. and may be exercised caricurrerrJy, independently or successwely,
<br />22. Successors and Assigns Bound; John and Several Liability, Captions. The covenants and agreements herein rid sho and
<br />the rights hereunder shall inure to, the respective successors and assigns of Beneficiary. Trustee. and Trustor. A8 coves and
<br />agreements of Trustor shall be joint and several. The captions and headings air the ziaraaraphs 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 taw v- be own in another rhanner (al notice to Trtiswr
<br />Dead of Trust shall be given b marlin such riobc § ng in ffivs
<br />y g by ce.- trued m�f_ return receipt .requested acrdressezi tr a'. at its rriailing
<br />address set forth above or at such other address as Trustur may designate by notice to Benefice as provided t -r, and (b; any
<br />notice tn Beneficiary or Trustee shall be given by ceniiled malt, retum recerpt requested. to Benefiviaiy s and T r lee's fnab
<br />address stated herein or to such other address as Beneficiary or Trustee may designate by notice to T:nrstor as provided heraim Arw
<br />noVCe pro vided for in this Deed of Trust shah be aearnec m fnve ne en given to Trustor. Beneficiaty or Tmmve w`fiarr gmer, ir; the
<br />manner designated herein
<br />24. Governing Law: Severability. This Deed of Trust shaft be governed by Me laws of fie State of Netrraska. jr,, the even: any provtpon or
<br />muse of this Deed of Trust con ,lots with applicable saw such conflict shall riot affect tiller provisions of VWS w of Trust wnch, c-
<br />be given effect without the contlicting provisions and to mrs end the prbviscrts of this Deed of Trust arc declared to be sue_
<br />25. l=inens of Default. Each of the following occurrences ,:ray constitute an event of defauf€ hereunder. (hereinafter card an "Event
<br />of Detauh "i:
<br />(a) Trustor shall fait to pay when due any principal, interest. Dr principal and interest on ?fie indebtedness,
<br />(S) Any warranty of title made by Trustor herein shaft be untrue.
<br />(q) Trustor shall fail to observe or peform any of life covenants. agreement: or conditions in this Deed c
<br />f07 Any representation or warranty mane Dv Trustor an any financial stammerrs.ar reports submitted to Benef iary: by a- an bei:atf of
<br />Trustor shall prove false Or matenalfy mrsfeadrng.
<br />(e) :`r ustor shalt raft to perform or observe any or the covvenants. con tdrions or agree rents contained ire, or Brno, g upon? Tn,.r -or :inoer
<br />any duildmg loan agreement. security agreement, (Dart agreement, fr ancing statement. or any atr p- ag errs_
<br />document executed by Truma, in co ^•}ecnon with the loan eviaenced by the Note.
<br />ti) A trustee, receiver ar hquidator of the Trost Property or of rustor shall be apporr ited, or any of the creditors o` T rust rr shat file a.
<br />petition in bankruptcy against Trustor. or for the reorganzation of Trustor puruanr to the Federal Bank-Dtcy° ;Coae_ or any sunriar
<br />Jaw. whetrer federal or state anc if such order or petition shati not be discharged or dismissed wiYun L'trr2 f3,ri, days r the date
<br />a, which such order or Petition was tiled,
<br />{g) rustor shall file a petmor, pursuant to the Federal Banicrubtcy code or any similar law, federal or state. at if ustar shat be
<br />adjudged a bankrupt or be deciareo insolvent ar shah make an assignment for tree benefit of creditors. ar shall admit it initr`eg its
<br />nabifiry to pay its debts as they become due. or shall Canserr r the appoiri„riert of a r vet zi, aft 0. any pa d die True .pr pe rx-
<br />(h) Frra tudgmeni for 'he payment or money snail be rendered against Tritstor and Trustor shalt not disc narge the sail -�P, or cause #:' ?y
<br />De discharged, within thirty iM days after me entry thereof, or shah no€ apnea? V ierefram or fr far the oroer aecree or mess union
<br />which or pursuant to which said judgment was granted. cased. or entered, and secure a stay of executior, pendirr suc* appea
<br />Cil Trustor.snali sell or convey the Trust Proper y. ar any Dan triereof. a- am interest the -rein. Or shat.=' be divested rs its atie, o any r^reresr
<br />therein. in any manner or way. what,;-- voruntaniy Or rnvaruntarity. Wft?ouf the written c -onsen Df Berefrcrary a- —or s>rsr ^aa a'
<br />ootained. or
<br />(1) If T,, ustor is a corporation ar Dartriership and more than fifty dement t5Cw,; of the shares Dr beneficsa' Interests tr' st - r pa at .^ a*
<br />partnership. as the case may be, shall be transferred ar conveyed. whether votunraniv or rnvohirtrainiv_ vfm r lire w°rrter consent O
<br />Beneficiary being first had and obtained
<br />25, Acceleration of Debt: Foreclosure. Upon the occurrence of any Even of Default. or any time t hereafter. Beneficiary m at ob +on.
<br />declare all the Indebtedness secured hereby immediately due and payable and the same shall bear interest at th= d --j-F : r any,
<br />Set forth in the Note. or otherwise at the highest rate permitted by iaw, end, irrespective of whether Beneficiary exercises said option, r
<br />bray. at its option and in its sate disc, etron, with= any further notice or demand to or upon Trustor. do one o more or t -tie foieowrny:
<br />(a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any part triereof- rnalre -coons and
<br />alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or wi ha&' laic -ac
<br />possession, in its own name, sue far or otherwise collect acid receive rents. issues and profits. including those past cue arid unpaid-
<br />and apply the same, less casts and expenses of operation and collection, including reasonable attorney fees and Benefrcia,, s
<br />costs. upon the indebtedness secured hereby and in such order as Beneficiary may determine. Upon request at Beneficiary, Trusror
<br />shall assemble and shall make available to Beneficiary any of the Trust Property which has beer: removed. The entenrig u o r and
<br />taking possession of the Trust Property, the collection of any rents. issues and profits, and the application thereof as afe asaid. sham
<br />not cure or waive any default theretofore or thereafter occurring, or affect any n::tice of default or notice of safe hereunder or
<br />invalidate any act done pursuant to any such notice. Notwonstanding Beneficiary's continuance in possession Of ice tit ano
<br />application of rents, issues or profits, Benefrciar y shall be entitled to exercise every right prooded for in this Deco c." T,-as* o^ by ;aw
<br />upon or after the occurrence of an Event of Default, including the right is exercise the power of sale Any of the avians referred to ,n
<br />this paragraph may be taken by Beneficiary at such time as Beneficiary may determine without regard tC me adec :act `arty
<br />security for the Indebtedness secured hereby
<br />(b) Beneficiary shali, without regard to the adequacy of any security for The indebtedness sea red hereby tie enrivec: tic errs
<br />appointment of a receiver by any court having jurisdiction, without notice, ro take possessi<an of, promo t, aric manay^c- ;ire -usl
<br />Property and operate the same and collect the rents, issues and profits therefrom
<br />(c) Beneficiary may bring any action in any court of competem junsdiction io foreclose this L7eeo of T usr car anon, e ape
<br />"ovehants hereof.
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