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<br />16. Covenants of T/UStor -0111, Respact to Leases. Without the prior wntien consent of Be nary, Trustor she! not, drrectiy or indirectly,
<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) Cancel or 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 />therein Contained,
<br />(d) Waive 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 of oct of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />posftn or Interest of Beneficiary therein, or
<br />(0 Sell, 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 of the essence in ad of Trustor'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 imprwiements is contemplated by the loan evidenced by the Note secured
<br />hereby, as additional security therefore, Truster hereby transfers and assigns to Beneficiary, all right, title and interest to any and all
<br />monies deposited 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 installation or to secure the installation of any utility by Truster, pertaining to the Trust Property.
<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 the 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 taxes 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. 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 law or equity, and may be exercised concurrently, 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 rights hereunder shaft 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 Truster provided for in this
<br />Deed of Trust shah be given by mailing such notice by certified mail, return receipt requested addressed to Trustor at its mailing
<br />address set forth above of at such other address as Truster may designate by notice to Beneficiary as provided herein, and (b) any
<br />notice to Beneficiary or Trustee shall 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 Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any
<br />notice provided for in this Deed of Trust shall be deemed to have been given to Truster. Beneficiary or Trustee when given in the
<br />manner designated herein.
<br />24. Governing Law: Severabibly. 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 effect without the conflicting 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 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 title made by Truster herein shall be untrue.
<br />(c) Trustor shall fail to observe or perform any of the covenants, agreements, or conditions in this Deed of Trust,
<br />(d) Any representation or warranty made by Trustor on any financial statements or reports submitted to Beneficiary by or on behalf of
<br />Trustor shall prove false or materially misleading.
<br />(e) Trustor shall fail to perform or observe any of the covenants, conditions or agreements contained in, or binding upon Truster under
<br />any building loan agreement, security agreement, loan agreement, financing statement, or any other agreement, instrument or
<br />document executed by Truster in connection with the loan evidenced by the Note.
<br />(1) A trustee, receiver or liquidator of the Trust Property or of Trusror 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) Truster shall 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 trnrty (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 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 />0) If Trustor is a corporation or partnership and more Men fifty percent (5091) of the shares or beneficial interests in such corporation 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 any time thereafter, Beneficiary may, at its option,
<br />declare all the Indebtedness secured hereby immediately due and payable and the same shall bear interest at the default rate, it any.
<br />set forth in the Note, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficciary exercises said option, it
<br />may, at its option and in its sole discretion, without any further notice or demand to or upon Truster, do one or more of the following;
<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 correct and receive rents. Issues and profits, including those past due and unpaid.
<br />and apply the same, less c sts and expenses of operation and coftsction, 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 shall make ovatlabfe to Beneficiary arty of the Trust Property which has been removed The entering upon and
<br />L tatting possession of the Trust Property the collection of any rents, issues and profits. and the application thereof r aforesaid. 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 Beneficiary 's 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 by raw
<br />upon of after the occurrence of an Event of Default, including the right to exercise the power of safe Any of the actions referred to r^
<br />this paragraph may be taken by Beneficiary at such time as denefciary may determine without regard to the adequacy of any
<br />security for the Indebtedness secured hereby
<br />(b) Beneficiary shad, without regard to the adequacy of any security for the Indebtedness secured hereby tw. entitled to the
<br />appointment of a receiver by any court having )unsdiction, without notice, to take possession of proteel, and marmage the , tu.Nt
<br />Property and operate Hv same and collect the rents, issues and profits fhere!frum,
<br />'Cl 9*Ao cfitry may bony any action in any cOufl of competent )uriselfctron to foreckise ruts Deed oP T usr car r >nl.xr e ;env ,.! the
<br />covenerits hereef
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