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$6, 107456
<br />!,. Schedule of Leases. Within ten 170) days after demand, Trustor shall furnish to Beneficiary a schedule, certified to by Trustor. setting
<br />forth ail leases of the Trust Property, or any portion thersor, including in each case, the name of the tenants or occupants, a description
<br />of the space occupied by such tenant or occupant, the rental payable for such space, and such other information and documents with
<br />respect to such teases and tenancies as Beneficiary may reasonably request.
<br />15. Cov na is of Trustor with Respect to Leases. Wltkoutthe prior written consent of Beneficiary, Trustor shall not, directly or indirectly,
<br />with respect to any lease of space in the Trust Property, or any portion thereof, whether such lease is row or hereafter in existence:
<br />(a) Accept Of pemrit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br />(b) Cancel or terminate the same, of accept any cancellation, termination or surrender thereof, or permit any event to occur which would
<br />occur thereunder to terminate or cancel flit 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 corttalned,
<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 haws the affect of impairing the value of the lessor's interest thereunder or the properly subject thereto, or of impairing the
<br />position or interest of Beneficiary N7erem, or
<br />(f) 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 thersurder .
<br />18. Waiver of Statute of Limitations. Time is of the essence in all 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 ac bm or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />17. Corporation or Partnership Existence. It Trustor is a corporation, general partnership, or limited partnership, it will do ail 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 />18. Forbearance byBOneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise
<br />afforded by V pkcable 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 Beneficiary's right to
<br />acceieraglhe maturity of the Indebtedness.
<br />19. 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 />20. Successors and Assigns Bound: Joint and Several Liability, 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 Truslor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are riot to be used to interpret or define the provisions hereof
<br />21. 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 shall 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 nonce 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 Trustor. Beneficiary or Trustee when given in the
<br />manner designated herein.
<br />22. Governing Law; Severability. This Deed of Trust shall be governed by foe 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 T-ust are declared to be severable.
<br />23. Events of Default. Each of the following occurrences shall constitute an event of detautt hereunder. (hereinafter called an
<br />•'Event of Default••):
<br />(a) Borrower shaft fail to pay any installment of interest or principal under any of the loans. letters of credit. or other financial
<br />accommodations made by Beneficiary to Borrower,
<br />(b) Borrower shall fail to observe or perform any of the terms or provisions of any document securing such loans. letters of credit, or
<br />other financial accommodations made by Benificiary to Borrower.
<br />(c) Trustor shall fail to pay when due any Indebtedness secured hereby.
<br />(d) Any warranty of title made by Trustor herein shall be untrue.
<br />(e) Trustor shall fail to observe or perform any of the covenants. agreements, or conditions in this Deed of Trust.
<br />(f) Any representation or warranty made by Trustor on any financial statements or reports submitted to Beneficiary by or on behalf of
<br />TrusWr shah prove false or materially misleading.
<br />(g) 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 />an which such order or petition was filed.
<br />(h) Trustor 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 shalt consent to the appointment of a receiver of al) or arty part of t,.e Trust Property,
<br />(i) Final judgment for the payment of money shall be rendered against Trustor and Trustor she; 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
<br />Upon which or pursuant to which said judgment was granted. based. or entered, and secure a stay of execution pending
<br />such appeal,
<br />0) Trustor shall sell or convey the Trust Property, or any pan 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
<br />and obtained,
<br />(k) Any of the Events of Default described in causes (g) through (i) hereof shah happen to Borrower, or
<br />(1) It Trustor is a corporation or partnership and more than fifty percent f50 1o) 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 />Buriericiary being first had and obtained --
<br />24. Acceleration of Debt: Foreclosure Upon the occurrence of any Event of Default, or any tame thereafter. Beneficiary may at its option
<br />declare alf the Indebtedness secured hereby immediately due and payable and the same shall bear interest at the highest interest rate
<br />permitted by law, and irrespective of whether Beneficiary exercises said option, it may, at its option and in its sole discretion. without
<br />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 part thereof: make repairs and
<br />aftrratidns and do any acts which Beneficiary deems proper to protect the security thereof and erther with or wrthorif taking
<br />possession, in its own home, sue for or otherwise collect and receive rents. issues and profits . including those past aue and unpa,o
<br />and apply the same, less costs and expenses of operation and collection. including reasonable ahorney fees and Senehc-,an, s
<br />casts. upon the Indebtedness secured hereby and in such order as Beneficiary may deternme Upon request of Beneficiary T rusror
<br />Shelf assertible and shall make available to Beneficiary any of the Trust Property which nas been removed The errerinq upon arc;
<br />taktrig possession of f" Trust Property, the Coliecriorl of any rents. ;slues and profirs and me app)icatron thrtre{?f as s';ai'
<br />not cute or warve any default ftwatofore or thereafter occumng . or affect any notice o' defaull a often 'If sate .^e'G, i.-�.•rei or
<br />itwafrdafe any act done pursuant to any such notice Notwirhstandx ig Benefic ary s : onfmuan, e ;n voscr cs,a,^ rr •ecern* a—(,
<br />appk "Stion of xei is issues cv psolits. Beneficiary shall."- entitled !c exert Ise eve- : ; 'ire e:? for -h-, : iee n of aw
<br />upon ar after ft;�it en?currence Of air farettt of Detour,- , ncluding the nght ro exer.^,s�2 [h, pnw -, �, sere a o a,t, 31 ,—, o rc
<br />This pwagrawo may Lahr talon by serioficsary at such r-W as try. ^.nnelr[i� v av deter , _ w rnr •PC7a h , n „F
<br />meoy Ica, the #ndoVr Inpas Tecun -d ire- t�j-,y
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