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86-- 10731,E
<br />18. Covenants of Trustor with Respect to leases. Without the prior written consent of Beneficiary, Trusty shall not, directly or indirectly,
<br />"h respect to any lease of space in the Trust Property, or any portion thereof, whether such lease is now of hereafter in existence:
<br />(a) Accep., or porivt any prepayment discount or advance payment of rent hereunder in excess of one month,
<br />(b) Cancel of 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 />theran contained,
<br />(d) Warne any default thereunder or breach thereof,
<br />(e) 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 effect of impairing the value of the lessors interest thereunder or the props y subject thereto, of of impairing the
<br />posifiorr or interest of Beneficiary therein, or
<br />(f) So#, 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 �;! the essence in all of Tnustor '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. Trusty hereby transfers and assigns to Beneficiary, all right, title and interest to any and all
<br />monies deposited by or an behalf of Trusty with any city, county, public body or agency, sanitary district. utility company, and
<br />any other body or agency. for the ins :atlahon 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, cr limited partnership, it will do ail rhmgs
<br />necessary to preserve its corporate or partnership existence. as the case may be, and all nghts 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 appitcabfe 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 cr the discharge of bens 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 All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded by jaw or equity, and may be exercised concurrentfy. independently or successively_
<br />22- Successors and Assigns Bound, Joint and Several Liability: Captions. The covenants and agreements herein contained shall bind, and
<br />the nghts hereunder shall ,r,ure to. the respective successors and assigns or Berefic +ary. Trustee. and Trustor. All covenants and
<br />agreements of Trustor shall be joint and several_ Tie captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are not to be used to interpret cr define the provisions hereof
<br />23. Notice- Except for any notice required under applicable law to be giver ern another manner. /a) any notice to Trustor provided for in this
<br />Deed of Trust shalt be given by marling such notice by certified marl, return receipt requested addressed to Trustor at its marling
<br />address set forth above of at such other address as .Trustor may designate by nonce to Benehcrary as provided herein, and (b) any
<br />notice to Beneficiary or Trustee snail 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 Benehcrary or Trustee may designate by notice to Trustor as provided herein. Any
<br />notice provided for in this Deed or Trust shall be deemed to nave been given to Trustor Benehcrary or Trustee when given in the
<br />manner designated herein
<br />24. Governing Law: Severability This Deed of Trust sha" be governed by the laws of me State of Nebraska In the event any provision or
<br />clause of this Deed of Trust conllrcts with appl +cable law suer, cantlict spay+ nor affect other previsions of this Deed of Trust which can
<br />be given effect w thous the conftictang provas+r rs and to rhis end the provisions of this Deed of Trus! are declared to be severable
<br />25. Events of Default. Each of the following occurrences share cvrishrute ar evert of delautr hereunder. thereinafter called an "Event
<br />Of Default ;.
<br />(a) Trustor shall far to pay when due any principal. interest. i`,r prrnc,pai and ,nt °rest or the ^dE BtBCneSS.
<br />'b3 Any warranty of title made by Trustor herein shall be untrue,
<br />(c) Trustor shall fats to observe or perform any of the covenants. agreements. or condRions in triis Deed of .Trust.
<br />(d) Any representation or warranty made by Trustor or any financial statements or reports submitted to Beneficiary by or or behalf of
<br />Trustor shall prove faire or r*rateraifty misleading_
<br />(e? Trustor shall fail to perform or observe ary of the covenants conditions or agreernen!s contained in. or binding upon. Trustor under
<br />any building roan agreement. security agreement. scan agreement, financing sratement, or any other agreement. instrument or
<br />document executed by Trustor• in cor elct on with re sOan evidenced by the Note
<br />f; A tru stee. receiver or kquicator of me T2'st Pro�erry or of Tr,sror shag be appo +rated. or any .o! the creditors of Tr -
<br />petition shall file a
<br />petition rn bankruptcy against Truster a, for the reorganization cf Trustor pursuant to me Federai Bankruptcy Code. or any similar
<br />law, whether federa) or state, and if sic^ order or pelf* o. sraii nor rte dtscharged or dismissed within thirty +30) days attar the dare
<br />on which such order Of petit ;on was :fried.
<br />(g) Trustor shall file a petit�n pursuant to rf?e Feceiat Bankruptcy Code or any similar law federal or state, or if Trustor shall be
<br />adjudged a bankfupt. or be declared insolvent or snail make an ass+grmert for the benefit of creditors. or shall admit in writing its
<br />nab! ty o pay ,ts Betts as meiv become due or snarl co. ^sent to the appointment of s receiver of ail or any pan of the Trust Property.
<br />rni Finai gidgmen for the pavMeMofmcreV shall be rendered against Trustor and Trustor shall not discharge the same, or cause it !o
<br />be discharged. w+tnrn Vwtv,30 days a "er, ; ^e entry thereof or shalt net appeai MerefrCm or from the order, decree or process upon
<br />which or pursuant to which sal y.rdgment was granted, based, or entered. and secure a stay of execution penc,ng such appea +,
<br />f i Trustor shall sell or convey me 'rust Property or ary part thereof. or any interes! there :n. or shall be divf.sted of its title, or any rrtterest
<br />thereon_ ir, any mariner Or way, whether voyunrariiy o± involuntarily withc-ut the written consenr of Beneficiary being first nad and
<br />obtained, or
<br />j) if Trustor is a corpci atiori or partrtershict and more `far 6fry perc5nr i50,,) of me snares or nenef,ciai ;nremsts in such corpora? ;on or
<br />partrierSpap, as the case may ;te shall e :ransfer,ec c , conveyed whefner voiLjjrafiiv o—nvoiurran!v vv;t,,,.cut the warren consent of
<br />Beneficiary t—c—g i,rsr had an!' +,Drainer_
<br />26. Acceleration of Debt. Foreciasure. Urior the occurrence of any Event of Default, or any time thereafter. Beneficiary may. at its ophon-
<br />declare as the indebtedness secured :hereby immediately due and payable and the same shall bear interest art the default rate. if any,
<br />set forth in the Note. Or otherwise at me hyghest rate permitted by law, and irrespective of whether Bera :hctary exercises said option, r
<br />may, at its optior and it its sole discretion. without any further nonce or demand to or upon Trustor do re or more of the following.
<br />!ai Beneficiary may enter upon, take possessror* of. manage and operate the Trust Property or any par? V; ereof. make repairs and
<br />alterations and do arty acts whelp Benehcrary deems proper to prone r the securry thereof. and e, pc v n or w ;snout tali pg
<br />possession. in its c�wn name, sue for cy Otherwise coilect and receive rents. issues and profits. :nciudi -q tYase past due and unpaid
<br />and apply the same. less costs and expenses of operation and c, aecrior including .reasonable atror"E i `ices and Beneficiary s
<br />casts, upon tfie Indebtedness secured hereby and in such ;cider as Beneficiary may derermire gpcn eiluest of Beneric;ary tn:s ;or
<br />snarl .aSSBmfx4t and shat" make available t0 Berehcrary any o' the Trust P'Ope'i wh c^ has beer 'P c v e t f,e e e rC c n . , a ^o
<br />axing pOSSe3iKbn f the 1raIS! P +Y fie} :y the ",aeCJ, 0t 8nr -en!5. rSSUeS Bid A Ch 5 3r,( be do Wr 9 C r L BS alt es8 c1 ShA
<br />ItN cure or w ve any default tTweefufo e x thweaf -- u-c:a^irq. or affect a^: nose of .derail --. ,, e
<br />invalidate 41N itcr xww iufsuar4 to any such -ottice Natn'f s a^^h.c Be of cfa v s a rte a to c,sSess c I u rec etc"
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