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X (.Jvenants of Trustor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shah not, directly or indirecity,
<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 />(b) Cence; or terminate the same, or accept any cancellation, larmiration or surrender thereof, or permit any evenf to occur which w0gAl
<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 />therem contained.
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give any consent, waiver or approval thereunder or take any other acran in cannection therewith, or with a lessee thereunder wtrch
<br />} would have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto. or of impairing die,
<br />position or interest of Beneficiary therein, or
<br />jV Sell, assign. pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents. issues, profits issue
<br />or ansing 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 pernutted
<br />by law, Trustor waives all present or future statutes of limitations with respect to any debt. demand or obligation secured hereby and
<br />t. any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />i' 1$ :. 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. We and interest to any and ad _
<br />mantes deposited by or on behalf of Trustor with any city, county, public body or agency. sanitary district, unity company, and
<br />any other body or agency. for the installation or to secure the installation of any utility by Tnrstar, pertaining to die Trust Property:
<br />19. Corporation or Partnership Existence. If Trustor is a corporation, general partnership, or limited partnership, k will do all things
<br />necessary to preserve its corporate or partnership existence. as the case may be. and all rights and privileges under die laws_ of Me
<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 Beriefiu:iary"s right to
<br />!° accelerate the maturity of the Indebtedness.
<br />21. Remedies Cumulative. Aft remedies provided it., this Deed of Trust are distinct and cumulative to any other right or remedy under dais
<br />Geed of Trust or afforded by law or equity, and may be exercised concun-endy, independently or successive!
<br />22 Successors and Assigns Bound: Joint and Several Liability: Captions. The covenants and agreements herein contained sftO brut, and
<br />the rights hereunder shall inure to. the respective successors and assigns of Beneficiary. Trustee, and Trustor. AN covens and
<br />agreements of Trusror shall be pint 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 few to be given in another manner, fa} any nonce to Trusror provided son as fifes
<br />Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested addressed to Trusror at its m
<br />address set forth above or at such other address as Trustor may designate by notice to Beneficiary as provided .ttereia. and:b) any
<br />notice to Beneficiary or Trustee shall be given bycertifred mail, return recerpt requested. to Beneficiary's and Trustee`s mading
<br />address stated herein or to such other address as Beneficiary or Trustee may designate by notice to Trustor as provided hereih_ Any
<br />notice provided for in this Deed of Trust shall be deemed to have been given to Trusror. Beneficiary or Trustee when given in the
<br />manner designated herein.
<br />24. Governing Law: Severability. This Deed of .Trust shall be govemed by the laws of Me State of Nebraska_ In the evert any proinsmn or
<br />clause of this Deed of Trust conflicts with applicable law, such coriflict shall not affect other provisions of this Deed of Trust which can
<br />be given effect without the conflicvng provisions and to this end the provisions of this Deed of Trust are declared a be severable.
<br />25. Events of Default. Each of the following occurrences shall consti ire an event of default hereunder, (neramaftetr carded an "Event
<br />of Default -):
<br />(a) Trustor shall fail to pay when due any principal, interest, or principal and interest or, the indebtedness.
<br />(b) Any warranty of title made by Trustor herein shall be untie.
<br />(c) Trustor shall fail to observe or perform any of the covenants. agreements, or conditions rn this Deed of Tryst.
<br />(d) Any representation or warranty made by Trustor on any financial statements a reports submitted to Beneficiary by or an beftatf of
<br />Trustor shaft prove false or matenaitymrsieading.
<br />(e) Trustor shall fail to perform or observe any of the covenants, conditions or agreements contained in, or bleating upon? Tr icy -unrar
<br />any building loan agreement security agreement, loan agreement financing statement, or any other agreement, r. rstrurnen? or
<br />document executed by Trustor in connection with the roan 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 credrfors of Trusttar sh a# file a
<br />petton in bankruptcy against Trustor, or for the rearganizatton of Trustor pursuant to the Federal Bankruptcy Cate, or any similar
<br />Jaw, whether federal or state. and if such order a petition SJW/ nor be Mschar_oed or dismissed within &wly f3O) days after rtte dale
<br />on which such order or petition was filed, - -
<br />{g) Trustor shalt file a petition pursuant to the Federal Bankruptcy Code or any similar law: federal or state, or it Trusror shall be
<br />adjudged a bankrupt, or be declared insolvent, or shall make an assignment for the benefit of creditors, or shall admit in wrrnng as
<br />liability to pay its debts as they become due. or Shall consent to the appointment of a receiver of all cr any part of Trust Propeny,
<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 shalt nor appeal therefrom or from me order. decree or process upon
<br />which or pursuant to which said judgment was granted, based. or entered, and secure a stay of execution sue , appeal,
<br />(1) Trustor shall sell or convey the Trust Property. or any part thereof, or any interest therein, or shall be divested of its tale_ or any -,names:
<br />therein, in any manner or way. whether voluntarily or involuntarily. without die written consent of Beneficiary being first had and
<br />obtained, or
<br />it) If Trustor is a corporation or partnership and more than fifty percent i501-0) of the shares or beneficial interests in such corporatkxr or
<br />partnership, as the case may be, shall be transferred 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 ar..y time thereafter. Beneficiary may. at eTs opi on.
<br />declare all the Indebtedness secured hereby immediately due and payable and the same shall bear interest at the detwir 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 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 coffect 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 Beneficiary's
<br />costs, upon the indebtedness secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary. Tnustdr
<br />shall assemble and shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and
<br />taking possession of the Trust Property, the collection of any rents. issues and profits. and the application thereof as araresaid. 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 Beneficiarys continuance in possession or receipt and
<br />application of rents. issues or profits. Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or bylaw
<br />upon or after the occurrence of an Event of Default, including the right to exercise the power of safe Any of me actions referred torn
<br />this paragraph may be taken by Beneficiary at such time as Benehciary may determine wirhrut reywo to the adeq acv -,f any
<br />security for the Indebtedness secured hereby
<br />(b) Beneficiary shall, without regard to time adequacy of any security for the inoebtedriess secures hweov, he er•tineo !t the
<br />. eppolntm,ent of a rriceiver by any court having lunsdiction. without notice, to take, �.f,�s�esi iii or a i,f -ana4.w
<br />Properly arid operate the crime an(! col feet the rants, issues anti profits !hererrura
<br />(G) Aonetic,ary iii..✓ ; runtj any ar6rn rn any couri of i rimpelerillurryr,"Y ritrt r;, i, r;i:rrase trim; ;?ce.i �'d i .:r car r 'I, 1r ,umr
<br />co✓er'rams f,vnri,r
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