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Ia. Covenants of Trustor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not, directly or indirectly,
<br />thereof, whether such lease is now or hereafter fn existence:
<br />with respect to any lease of space in the Trust Property, or any portion
<br />(a) Accept or permit any prepayment, discount or advance payment of rent hereunder in excess of one month, r which would
<br />or surrender thereof, or permit any event to oegy
<br />(b) Cancel or Mrminate fire same, or accept any cancellation, termination
<br />cancel the same, other than termination for nonpayment of font,
<br />occur thereunder to terminate or
<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 />O(d) Waive any default thereunder or breach thereof,
<br />Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />the
<br />(�)
<br />Q would have the *tact of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing
<br />position Or !Merest Of Beneficiary therein, or
<br />(Q SeN. 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 />in Tnrstor's obligations and duties hereunder; and to the extent permitted
<br />Col. Waiver of Statute of Limitations. Time is of the essence all of
<br />by low, Trustor waives an present or future statutes of limitations with respect to any debt, demand or obligation secured hermby and
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />1E. Assignment of Deposits. In the event construction of improvements is contemplated by the loan evidenced by the Note secured
<br />and assigns to.Beneficiary, all right, title and interest to any and all
<br />hereby, as additional security therefore, Trustor hereby transfers
<br />monies deposited by or on behalf of Trusfor with any city, county, public body or agency, sanitary district, utility company, and
<br />any other body or agency. W the installation 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, genera) partnership, or limited partnership, it will do all things
<br />the case may be, and all rights and privileges under the laws of the
<br />necessary to preserve its corporate or partnership existence, as
<br />stay of fig incorporation or organization.
<br />20. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any nght or remedy hereunder, or otherwise
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />liens or charges by Bonet- ary shall not be a waiver of Beneficiary's right to
<br />insurance or the payment ol'taxes or the discharge of
<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 />teed 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. Tile covenants and agreements herein contained shall bind. and
<br />and assigns of Beneficiary, Trustee, and Trustor All covenants and
<br />the rights hereunder shall inure to, the respective successors
<br />agreements of Trustor shall be joint and several. Tile captions and headings of the paragraphs of this Deed at 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 Truslor provided for in this
<br />Deed of Trust shall be given by mailing such notice by certified marl, return receipt requested addressed to Trustor at its mailing
<br />Trustor designate by notice to Beneficiary as provided herein, and (b) any
<br />3:
<br />address set forth above or at such other address as may
<br />notice to Beneficiary a Trustee shah be given by certified road, return receipt requested, (o Beneficiary's and.Tiustee's mailing
<br />e may designate by notice to Trustor as provided herein.
<br />address stated herein Or to such other address as Beneficiary or Truste My
<br />notice provided nor 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 />24. Governing Law, Severabdrry This Deed or Trust shaft he gnvemed by 1110 laws of the State of Nebraska In file event any provision or
<br />clause of this Deed of Trust conhrcis with applicable law, .such contlrct shall not affect other provisions of this Deed of Trust which can
<br />be given effect without the conthcring provisions and to this end 1110 provisions of this Deed of Trust are declared to be severable.
<br />"Event
<br />25. Events of Default. Each of the following occurrences shall constitute an event of default hereunder, (heretnaher called an
<br />of Default")
<br />(a) Trustor shalt fad to pay when due any, pnncrpal, fnt0resl, of pnriclpa( and Interest on the Indebtedness.
<br />(b) Any warranty of (rfler made by Itustof httein Shall be untnie,
<br />(e) Trustor shall fail to observe or perform any of the covenants, agreements, or conditions in th)s Deed or Trust.
<br />(d) Any represenrafton or warranty made by Tnrstc,r nn any hnanctai Naterrients or reports submitted to Beneficiary by or on behalf of
<br />Trustor shall prove laise Of. naterfally ollsle adtny,
<br />(e) Trustor shall fail In perform or observe anv (If file covenants, Con(f)bons or ay toenails contained )n, or bending upon Trustor tinder
<br />any building bah agreement, sel_umy agrfe mint loan ayreer neint financing statement, or any other ayroenien!, Instrument or
<br />document executed by Trusfor m cGnnCllpn )run trip loan evidenced by the Note,
<br />file
<br />(f) A trustee, receiver or i1qun4Mor of the Au:r Ptdptifty or of Truslor shall be appoinfed, or any of the cleditors of Trustor shall a
<br />Trustnr to the Federai Bankruptcy Code, of any stfrular
<br />p*irtrwr in bankruptcy against Trustor, or for the reolqallizatirin of pursuant
<br />law, whether federal or stare. and !f so(h order or p[ t,tion ,half not be dlsN an;rtrl or drsinissed within thirty (311) days after the date
<br />n,
<br />on which such Order Or pef)aon was hied,
<br />(9) Trusfor Shan ale a petition pursuant to file Fene:ral Hankmptcy Gode or any sunriar law, teoreral or state, or it Trustor share be
<br />adjudged a bankrupt or be d0ctared insolvent, or shall retake an asstynrneni for the benefit of creditors, or shall admit in writing its
<br />ronsent to the appoertrneof of it receiver et all or any part of ilia Trust Property,
<br />inability to pay its debts as they become due, or shall
<br />(h) Finalludgment for the payment of money shall tie rendered against Trustor and Truslor shall not discharge rat same, or cause It to
<br />be discharged, within thirty 001 Jaye, after the entry thereof, or shall not appeal Therefrom or from the areler, decree or process upon
<br />basest, at entered, and secure it stay of execution pending such appeal,
<br />which or pursuant to which said ludgmen! was granted,
<br />(f) Trustor shah salt of convey the Tiusf Property, or any part thereof, or any interest therein, or shall be divested Of its trio, nr any interest
<br />thadn, in any manner or way, whether vOlurtard y of involuntarily, without rho written consent of Beneficiary being firs( had and
<br />obtained, or
<br />(r) ff Trosior Is a Corporation or partnership and n+ore than airy percent (50 %) of flip shares or beoehcral iolerests of such corporation or
<br />plulnership, as the case may lie, shall be transferred or convoyed, whether voluntarily or involuntarily, wdhoul the wntion 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 lime thnroafter, Bcnehcfary may, at its option,
<br />and arid (he samo strait gear interest al file default rife, it any,
<br />d*elaie a# the indebtedness seruted hereby rmmedialnly (lira payable
<br />M form in the Note, of otherwise at (tie highest rate pernvtted by law, arid. resppective of whether Beneficiary exe(c)ses said option, it
<br />may, ai its option and in its sole dtscheaon, without any further nonce or demand an or upon t tustor, do one of more of the+ following;
<br />(a) Be►rehoioy may enter upon, take possession of, manage and operate the Trust Property or any part nulrOOF mirk* repairs and
<br />aerations and do any act$ which Beneficiary deems proper to protect the security thereol, and either with or without raking
<br />possession, in its own name, sue lot or otherwise collect and receive rents, issues and ptofels, Including Those past dice and unpaid.
<br />&W apply the sairea, lass costs and expenses Of 9peration and collection, including reasonable attorney leeS and Benth(uary s
<br />as Bonefraary may determine llpon refluest of Bentific+ary. Trustor
<br />costs, upon rho indebtedness secured hereby at d in such order
<br />Shelf assombl* and shall make available to Berle hoary any of the Trust Properly which has been removed file entennq upon and
<br />(abmg possessmn of the Trust Property, the c.nnr chon of any rents, issues and ptohts, an(( the+ appiwillion thereof as Mote. s let. shall
<br />not cure or waive any default fh0f0tof0re or themaff"f or. curruig, or afferf any notice of detauR or notice of sate here) liltIf rid
<br />L awalidate any act done pursuant to any sirrh no ice Notes thslanaing Bene 4rlary s rontir)uarnce In rossi ll in nr rec c to fwd
<br />for to this I )ee d fit /If',f of by raW
<br />application of rents, Issues ell (**tits, Beneficiary Olall be entitled to exe(( rye every right proviliell
<br />upon or grief ilM occurrence of are Event of Drsfaoli nriudenq the right to nrtrrl' :e felt) power of ti&f, Any N (t;f it low; re,ert (f rte in
<br />this pMagraph may he taken by Brinehcnuy at swr li time as 00110firlary may deife rm"II wdh,wl teyan. to rife a00 r; la( V, of wit
<br />aecufffy for me indehradnr)ts serlrrerd hereby
<br />(b) Ben *lwiefy she #, wrmoctl regard to the adrnyuacy of any security for the Indehte(1 a s s(.a a d h rot I hr c"G1 e I r r r
<br />40potntm*eent to a ref'M /of t)y any Cof All Ina Yfit flirt S(14, Win, welhnnt nntil'e. (ry tl11 (f) re' i 0f
<br />P'otrerfy artd r}fMtl ate t /tA lame a'rd r,alecl Ilan nm!5, t'. tllei6 and pnlht4 thClrl,'1 •, `ill
<br />tcl p#nekr-ropy may fuvrg any arenrl III sett' erntl of owpoonf N +ntd,e hri
<br />rowo''h,gHl! f o ei7f
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