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<br />86-- 10647
<br />16. Cov*fwft of Tames with Respect to Leases. *WhM the prior written consent of Beneficiary, Trustor shaft nor, directly or indbscW,
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<br />with respect to any base of space in the Trust Property, or any portion thereof, whether such lease is now or hereafter in existence.
<br />W Acceptor permit any Prepayment discount or advance payment of rent hereunder M excess of one month,
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<br />(b) Cancel or orrnina to the same . or accept any canceladon, termination or surrender thereof, or permit any event to occur which would
<br />occur theeund w to terminate or cancel the same, other Man termination for nonpayment of rent,
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<br />(o) Amend or modifjr the same so as to reduce rite term thereof, the rental payable thereunder, or to change any renewal provisions
<br />thetsirt contained.
<br />(d) Waits any ddaul thereunder or breach thereof,
<br />(e) GM any consent waiver or approval thereunder or take any other action in connection therewith, or with a la see thereunder, which
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<br />woukf have the elect of impairing the value of rise lessor's interest thereunder or the property subject thereto, or Of impairing the
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<br />position or a'nafeat of SeneBcomy thensin, or
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<br />(Q SOR, assign, pledge. mortgage or otherwise dispose of or encumber its interest in any said lease or any rents, issues. props its ring
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<br />or arising ritesrxtder.
<br />17. Waiver of Statute of Li 7*86ons. Times of the essence in al of Trustor's obligations and duties hereunder; and to the extent pone& d
<br />by law, Tiuslbr waives al present or future statutes of Imitations with respect to any debt, demand or obkgation secured hereby and
<br />any action or proceeding rot the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />18_ AssigrinmW of Deposits. M the event construction of improvements is contemplated by the loan evidenced by the Note secured
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<br />+'�+� �'"'+'rM'M °wi°"•:^" 'L°•�'�, ^•x•'•%r••r'wo^.�.j wa :.�."�os o ;a�i a-Y -- ,ir Gara#ciary, a %i Tight, We and interest to any and all
<br />deposited
<br />monies by or on behalf of Trustor with any city, county . public body or agency, sanitary district, utility company, and
<br />any other body or agency, for the mstaNation
<br />or to secure the instalatron of any utility by Trustor, pertaining to the Trost Property.
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<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 Me 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, shaft not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />insurance or the payment of faxes 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 flits Deed of Trust are distinct and cumulative to 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 LiabilW 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 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 for in this
<br />Deed of Trust shelf 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 mad, 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 ri» s 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; Severabdity. This Deed of Trust shall 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 elect without the conflicting provisions and to this and 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 shaft fail to pay when due any principal, interest, or principal and interest on the indebtedness,
<br />(b) Any warranty of We made by Trustor herein shad be untrue,
<br />(c) Trustor shalt fait to observe or perform any of the covenants, agreements. or conditions in this Deed of Trust,
<br />(d) Any rapresenf&hOn or warranty made by Trustor on any financral statements or reports submitted to Beneficiary by or on behalf of
<br />Trustor shall prove false or materially misleading.
<br />(e) Trustor shall fall 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
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<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 file 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 filed.
<br />(g) Trustor shaft 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 or 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 />(i) Trustor shall sell or convey the Trust Property, or any part thereof, or any interest thereon. 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) If Trustor is a corporation or partnership and more than fifty percent (50%) of the shares or beneficial interests in such corporation or
<br />Partnership, as the case may be, shah 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 any time thereafter. Beneficiary may, at its option.
<br />declare al the kidebtedness secured hereby immediately due and payable and the same shall bear interest at the default rate, it any.
<br />set form in the Note, or otherwise at the highest rate permitted by taw, 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,
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<br />(a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any part 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 collect and receive rents, issues and profits, including those past due and unpaid,
<br />and apply Me 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 />shall assemble and shelf make available to Beneficiary any of the Trust Property which has been removed. The entering upon and t
<br />taking possession of the Trust Property, the collection of any rents, issues and profits, and the application thereof as aforesaid, shag
<br />rat cure or waive any default therelofore or thereafter occurring. or affect any notice of default or nonce of sale hereunder cu
<br />invalidate any act done pursuant to any such notice Notwithstanding Beneficiary s continuance in possession or receipt and
<br />appalC~ of rents, issues or profits, Beneficiary shall be entitled to exercise every nght providec for in this Deed of Trust of by law
<br />upon or after the occurrence of an Event of Default. including the right to exercise the newer cif 5a!e Any of the actions referred fc •n
<br />this paragraph may be taker. by Beneficiary at such tune as Beneficiary may determ.ne %%-; ;!hour reyd,d to the
<br />adequacy cf any
<br />security for the Indebtedness secured hereby
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<br />(b; 81oneticrary shall without regard to the adequacy or any security for the ! ndebtedness set urerf herel y ! e enrtned r:, me
<br />appointnten? of a receiver by Any Court havTN ;tunsdtcoon without notice to take . CTS.siH�sKJ^ ;J.' t�'CfPi. r a".! • +Tin;i�N tie,- '
<br />f roiorly and Aerate the same are© jooect it feints. tssu p$ and profits ,hero!. iur.
<br />!`7 bonvoiciary may bl"19 any ACMV, ;n arry r:Y,?irt cif c"W"petem ju-s'd c!t 011 !G frHeOose "T 'v :",-fw ,: <.' , e rf;.. a r'y "i rryT
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