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<br />85® 001867
<br />S. If during the existence of this Trust, there shall be threatened, commenced or pending any suitor action affecting any of the
<br />Trust Property, the title thereto or the priority of the lein of this Deed of Trust thereon, or if any adverse claim for or against the
<br />Trust. Property, or any part thereof, be made or asserted, the 'rruste.e. Beneficiary, or both, may appear or intervene in any such
<br />suit or action, retain legal counsel therein, and defend the same, or other-wise take such action as they may deem advisable and
<br />settle or compromise the same or the adverse claim; and in that regard and for any of such purnoses may pay and expend such sums
<br />of money as Trustee or Beneficiary may deem advisable, which sums shall be deemed to have been advanced hereunder and secured
<br />by this Deed of Trust.
<br />9. Trustor hereby covenants, warrants and "green with Beneficiary. its successors and assigns, that Trustor owns the Trust
<br />Property free from any prior lien or encumbrance, that t his Deed of Trust is and will remain a valid and enforceable first lien on the
<br />Trust Property, that Trustor will preserve such title and will forever warrant and defend the same to the Beneficiary and will forever
<br />warrant and defend the validity and priority of the lien hereof against the claim of all persons and parties whomsoever. Trustor will
<br />make such further assurance or assurances to perfect its title to the Trust Property as may be reasonably required by Beneficiary.
<br />Trustor hereby relinquishes all right of dower and homestead in and to the Trust Property.
<br />10. Trustor will pay all taxes, assessments and other public charges upon the Trust Property before the same by law become
<br />delinquent and when any such taxes, assessments or public charges shall be levied upon the Vote secured by this Deed or Trust, or
<br />upon the Trustee of Beneficiary, or upon their successors or assigns. On account of said debt or the lien of this Deed of Trust (except
<br />income taxes) Trustor will pay such taxes, assessments or public charges prior to the time the same shall, by law, become
<br />delinquent.
<br />11. If Benefician, shall so request. Trustor agrees that there shall be added to each periodic payment, required to be made
<br />hereunder and amount estimated by Trustee to be sufficient to enable Trustor to pay, at least 30 days before delinquency, all taxes,
<br />assessments or other public charges against the Trust Property, the Note secured by this Deed of Trust, or upon account of the or
<br />the lien of this Trust Deed• together with premiums for insurance required to be provided under this Deed of Trust and no interest
<br />shall be payable to Trustor in respect thereof. Upon demand by Trustee. Trustor shall deliver to Trustee such additional sums of
<br />money as are necessary to make up any deficiency in the amounts necessary to enable Trustee to pay ally of the foregoing items.
<br />12. Trustor, at its expense, will execute and deliver to the Trustee, promptly open demand, such security interests as mte s.
<br />required by Trustee. in form and substance satisfactory to "trustee, covering any of the Trust Property conveyed by this lleed of
<br />Trust, which security instruments shall be additional security for'I'rustor's faithful performance of all of the terms, covenants and
<br />conditions of this Deed of Trust, the Vote secured hereby, and any other security instruments executed in connection with this
<br />transaction. Such instruments shall be recorded or filed and rerecorded and refiled. lit Trustor's expense.
<br />13. Within 10 days after demand. Trustor shall furnish to Trustee it schedule certified to by Trustor. setting forth all leases of
<br />space in the Trust Property then in effect, including, in each case. the name of the tenants and occupants. a description of the space
<br />occupied by such tenants and occupant• the rental payable for such space and such other information and documents with respect to
<br />such leases and tenancies as the Tnustee may request.
<br />14. All payments made under the provisions of this Deed of Trust. of the Note secured hereby, which may be construed as
<br />interest, shall not in the aggregate of er the term hereof. exceed the rate t hat mac be lawtulk contracted in writing in the State of
<br />Nebraska.
<br />15. Without the prior written consent of'Trustee. "Trustor shall no)(, directiv or indirectly. with respect to any lease of space in the
<br />described premises• whether such lease is now or hereafter in existence. la) accept or permit any prepayment, discount or advance
<br />rent payable thereunder; (b), cancel or terminate the same. or accept at,-, cancellation, termination, or surrender thereof. or permit
<br />anv event to occur which would entitle the lessee thereunder to terminate or cancel the same: ecl amend or modify the game so as to
<br />reduce the term thereof, the rental payable thereunder, or to change anN renewal provisions therein contained: (di waive any default
<br />thereunder or breach thereof; (e) give any consent, waiver or approval thereunder or take any other action in connection therewith.
<br />or with a lessee thereunder, which would have the effect cif impairing the value of lessor's interest thereurlaer. -r the property
<br />subject thereto, or of impairing the position or interest of the "Trustee or lieneificiar: or (fl tell, ass,
<br />,.: :: arising mortgage nr
<br />otherwise dispose of, or encumber, its interest in any etch lease or .:nv rents. issues it profits issuing or ans,ng thereunder.
<br />16. Trustor agrees that: (a) the duties and obligations of Trustee shall be determined solely by the express provisions of this Deed
<br />of Trust and Trustee shall not be liable except fo, :he performance of such duties and obligations as are sp,v ific•all,v set forth herein,
<br />and no implied covenants oroblfgations shall be imposed upon Trustee. (h) no provision of this Deed of Trust shall require Trustee
<br />to expend or risk its own funds, or otherwise incur any financial obligation in the performance of any of ,t., duties hereunder, or in
<br />the exercise of any of its rights or powers, if it shall have grounds for bebev ing that the repayment of such funds or adequate
<br />indemnity against such risk or liability is not reasonably assured to it. ic) "Trustee may consult with counsei tit its own choosing and
<br />the advice of such counsel shall be full and complete authorization and proterton in the respect of any action taken .u' suffered by it
<br />hereunder in good faith and in reliance there,xt; Id) Truster: shill! not he liable for any action taken by it it, good failh and reasonably
<br />believed be it to he authorized or within the discretion or rights of power, n,nfcrrrd open n by this Deed of I'nrst.
<br />17. Events of Default. Any of the following events shin: he decnud ;ur. ,•vent nt I l upmi hereunder.
<br />a. Trustor shall have failed to make payment of any installment of uucrt•st. principal or principal and iiiii �e 'tyY :r, .
<br />secured hereby or any other sum secured hereby when due. or failed to make I,ny payment on any obligation to iieneficiar 'when
<br />due.
<br />b. There has occurred a breach of or default under airy term n.kot- ngmcrr,er•t. ronditi,,n, pr,n i,I -•n ,•pn entation or
<br />warranty contained in anv of the loan instruments
<br />c If the Trustor shall at any lime become ins„lvent wi f .n t fr erection ',,I I'-,tn
<br />hereafter amended, or shall cease enerall% to u,, i
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<br />IA. Should an event of default occur B, neficrar-. In IN. dect t• ai, iel• , n•I n i o he ,n , i t
<br />shall thereupon become due and payable without am presviarn nt, demaatl. protest or not a of any kind. 7'hereatter Trustee or
<br />Beneficiary shall be entiticri tit any time, at is npuon and w Ithout regard to i he , aloe of t he ,ecur.i n nr the skrh Burt ur nlskk;ceoe� ,.I
<br />�Tr•i5tor, to enter upon and take possession of the Trust Property, or ku), part theteol ❑n,i !u kin anti )M•rl„rm itch afi` ,I` maA- h, -
<br />necessary it proper to repair, protect and ton true the c aloe the rt.,l..it I I. rent „r lea„ tn, j, n, • nr rani ,vin , h «.I_I ,,pin
<br />rental terms and conditions as its judgment may cbetate. and to collect rind recen, the rents uas and profits Ihennt. which sat!
<br />rent,, issues and profits. present and future. are hereby asugncd Iu the Trustee — cumin "�, -untN but ".init h :,,,u;nnwi)l -I n,s[ee
<br />agrees not to enforces lo oag as nu I
<br />c efault has occured
<br />19. Should Beneficiary elect . to foreclose by e•xereise of the I'nwer it ale lwr"w ,ow,il Ceti. fnlstcr ••h�,li pi -nreed Ike ".•II •.;nd
<br />prr,lc•rty pursuant to law after giving all notices of default. ami not ices of Bait. as pr , tiled M law
<br />20. Trustor expressly covenants and agrees to pay and discharge all i ost. frc, am v%penso- , I I •n, 1 ra•.t .n, coding. :n t tit en,
<br />of sale by the Trustee of the "Trust Property, the Trustee s costs, expenses and fens, witch ,hall not excve•d wStal Ill plus of I of
<br />the amount secured hereby and remaining unpaid.
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