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y 16, Covenants d Tnrstor with Aespsct to Leases. Nkthout the prior written c�orrsern' d Berhsfi:oary, Trhutor s�fia7f nd. directly orindbadly,
<br /><" Nith rrspscY to any lease of space in the Trutt Pnopertyt, or any,portion Owed, whether such lease is now or hfetdter In e>aa"Me:
<br />(a) or pwn* any prapayrneM dsoount or advance payment of rent hereunder in excess d one month,
<br />N IV Cancel ora annals the same, or
<br />axattt any car►celstion, terrthiration or surrender tihetsd or parrttlt any event to occur which world
<br />,, occur V*nmm fr to lurnh nave or cancel the same, otter than termination for nonpayment of runt,
<br />(c) ilrmftd or riot* go same so as to redtice #te tent► thereof, the rental payable thereunder, or to change any renewel provisions
<br />(di MMeiw any deft* thererndsror breach thereof,
<br />(b) orapproval ' sany
<br />Mwe�ttd connection
<br />ith�bleatgteraatoorot vingthe
<br />powlon o inl rest of Baneftiory thereon, or
<br />{I) SsK asmign,.plodge. mortgage ar otherwise dispose of, or encumber its interest in any sod lease or any roils, issues, profits issuing
<br />or-big trerst nder.
<br />17. River of Statute of LimWaffiorm Tmw is of the essence in all of Trustors obligations and duties hereunder, and to the extent pemtrtted
<br />�. bylaw, Terser waives air present or JUture stances of firnrtations with respect to any debt, demand or obligation secured hereby and
<br />At arnyacton orprocooe ft for the purpose of anibnairtg this Deed of Taut or any rights or remedies contained herein.
<br />Iii. Asson ant of DepoFsds. In the evert construction of kWov nerds is contemplated by the loan evidenced by the Note secured
<br />hereby; as addAbriaf security therefore, Trustor hereby transfers and assigns to. Beneficiary . all 'i K title and interest to any and all
<br />monies deposited by or on behaff of Trustor with any city, county, pudic body or agency, sanitary district, utigly, company, and
<br />any eta► body, or agency, for the mstallatotr or to secure the installation d any utility by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Partnership Existence. t Tnrstm 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 organdegon.
<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, she# not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />insurance or the payment of Was 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. AN remedies provided in this Deed of Trust are distinct and cumulative o any other right 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 Liabilityr, Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shag in" tor, the respective successors and assigns of Beneficiary, Trustee, and Trustor. Ali covenants and
<br />agreements of Trustor shag 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 for in this
<br />Deed of Trust shag be given by maikrtg such notice by certified mail, return receipt requested addressed to Tnistor at its mailing
<br />address set forth above or at such filter address as Trustor may designate by notice to Beneficiary as provided hereon, and (b) any
<br />notice to Beneficiary or Trustee shag be given by certified mail, return receipt requested, to Beneficiary 's and Trustee's ma*ng
<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 shag be deemed to have been given to Trustor. Beneficiary or Trustee when given in the
<br />manner designated herein.
<br />24. Governing Law; Severabiity. This Deed of Taut shag 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 can
<br />be given effect without the contlicdng 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 shag constitute an event of default hereunder. (hereinafter called an "Event
<br />of Default' ):
<br />(a) Trustor shag fad to pay when due any principal interest, or principal and interest on the Indebtedness.
<br />(b) Any warranty of title made by Trustor hereon shall be untrue,
<br />(c) Trustor shag fad to observe or perform any of the covenants, agreements, or conditions in this Deed of Trust,
<br />(d) Any represerMon or warranty made by Tnrstor on any financial statements or reports submitted to Beneficiary by or on behalf of
<br />Trustor shelf prove false or materially misleading.
<br />(e) Trustor shag fad to perform or observe any of the covenants, conditions or agreements contained m, or binding upon Trustor under
<br />any budding loan agreement, security agreement, khan agreement, financing statement or any other agreement, instrument or
<br />document executed by Trustor in convection with the loan evidenced by the Note,
<br />M A trustee, recover or liquidator of the Trust Property or of Trustor shall be appointed, or any of the creditors of Trustor shall file a
<br />petition in bankruptcy against Trustor, or for the reorganizatan of Trustor pursuant to the Federal Bankruptcy Code, or any similar
<br />law, whether federal or state, and if such order or petition shag not be discharged or dismissed within thirty (30) days after the date
<br />on which such order or petition was fi led,
<br />(g) Trustor shall file a petition pursuant to rife Federal Bankruptcy Code or any similar law, federal or state, or if Trustor shall be
<br />adjudged a bankrupt or be declared insoh*M or shag 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 shag consent to the appointment of a receiver of all or any ,'tart of the Trust Property,
<br />(h,) Final judgment for the payment of money shall be rendered against Trustor and Trustor shag not discharge the same, or cause it to
<br />be discharged, within tinny (30) days after the entry thereof, or shag not appeal there: rom 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 />(t) 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 />therein, in any manner or way, whether voluntarily or involuntarily, without the written consent of Beneficiary being first had and
<br />obtained, or
<br />(j) t Trustor is a corporation or partnership and more than filly percent (501N.) of the shares or beneficial interests in such corporeton or
<br />partnership. as the case may be, shy be transferred or conveyed, whether voluntarily or involuntarily, without the written consent of
<br />Beneficiary being first had and obtained.
<br />26. Accelerator[ of Debt; Foreclosure. upon the occurrence of airy Event of Default, or any time thereafter, Beneficiary may, at its option,
<br />declare all the Indebtedness secured hereby immedWely 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 pgrrnitad by law, and. irrespective of whether Beneficiary exercises said option, it
<br />may, at its option and in its sale discretion, wftxwt any further notice or demand to or upon Trustor. do one or more of the following:
<br />(a) BensRciary may enter upon, take possession of, manage and operate the Trust Property or any part thereof, make repairs and
<br />alAarabons 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 collocl and receive rents. issues and profits, including those past due and unpaid.
<br />and apply the same, loss 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 />shag aaeerr" and shag make available to Beneficiary any of the Tout Properly 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 apphcatron thereof as aforesaid, shalt
<br />M 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 in possession or receipt and
<br />application of rents, issues or profits, Beneficiary shaft be an~ to exercise every right provided for in this Deed of trust or by few
<br />upon or ~ the occurrence of an Event of Default including the right to exercise the power of safe Any of the actions referred to in
<br />this paragraph may be taken by Beneficiary at such ome as 88nebcrary may determine wrfhout regard to the adequacy of aly
<br />security for the Indebtedness secured hereby.
<br />{b) Beneficiary shell without regard to the adequacy of any security for the indebtedness SBC ured "woby be entir+ed to the
<br />appointment of a toceivef by airy Court having jurisdiction, wrtrhoaR notice to take possession or protect ar7d manage rte 7nmt
<br />Property end operate Ow same and eoeecr the rents. issues and prolifs therefrom
<br />'ri sorwiciery may &WV any action to any, court of r mpefor+t futrsdWrion fa faros -Anse Ms Oe8d of 7ruGt Jr enr,x,-e tiny of the
<br />horw
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