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16. Covenants of Trustor with Respect to Leases. Without z p w+ihs7i c3n9eiff o7 Beneficiary, Trustor shall not, directly or indirectly,
<br />whh 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) Caeca or laminate the sane, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would
<br />occur thereunder to t witunae or cancel the sane, other than termination for nonpayment of rent,
<br />(c) Amend or modNif the sane so as to reduce the term thereol, Me rental payable thereunder, or to change any renewal provisions
<br />therein contained.
<br />(co Wiiw my de/silt thereunder or breach thereof,
<br />(e) Wvt any consent, waver or approval thereunder or take any other aclron in connection therewith, or with a lessee thereunder, which
<br />would haw pre sited of knpaairg Me value of the lessor's interest thereunder or the property subject thereto, or of impairing me
<br />posOon or Wenest of Beneficiary therein, or
<br />M Sol assign, pkedge, mortgage or otherwise dispose of or encumber its interest in any sad lease or any rents. issues, profits issuing
<br />or ariskg theteurdsr.
<br />17. Waivw of Statute of Lkniptons. Time is of On essence in all of Trustor's obligations and duties hereunder, • and to the extent permitted
<br />by low, Truslor watws ant present or furore statutes of Am/tations wit respect to any debt, demand or obligation secured hereby and
<br />arty action or proceeding for t» purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />16. Assignment of Daposits. kr Me evert construction of improvements is contemplated by the loan evidenced by the Note secured
<br />hereby, as, additional security therefore, Thwor hereby transfers and assigns to Beneficiary, all right, mle and interest to any and all
<br />morm deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and
<br />any otea body or agency, for the instaNetion or to secure the installation of any utility by Trustor, pertaining to the Trust Property.
<br />19. Corporation or Pa wWOp Existence. N Trustor is a corporation, general partnership, of knitted partnership, it will do all tangs
<br />necessary to preserve its corporals or partnership existence, as Me case may be, and all rights and privileges under the laws of the
<br />state of its kworponow or organization.
<br />20. Forbearance by Beneficiary Not a Waiver, Any forbearance by BerWieiafy in exercising any right or remedy hereunder, or otherwise
<br />bl*% d by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />insurance or to payment' of gyres or the discharge of hens or charges by Beneficiary shall not be a waiver of Beneficiary's right to
<br />w4sierafe the maturity of to kndebtedness.
<br />21. Remedies Cumulative. All remedies provided in this Dead of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of That or afforded by haw 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 Shell hire to, Me respective successors and assigns of Beneficiary, Trustee, and Trustor. Ad covenants and
<br />agreements of Trustor shelf be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />QOneania%* ony and are not fo be used to interpret or define the provisions hereof.
<br />23. Notice. Except for any notice regrkred under applicable law to be given in another manner, (a) any notice 10 Trusts provided tot in this
<br />Deed of Trust shaN be given by mailing such nsice by cantfied mail, return receipt requested addressed to Trustor at its mailing
<br />address sit fort above or at such other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any
<br />notice to Beneficiary or Trustee shelf be given by certified mail, return receipt requested, to Beneficiary's and Trustee's mailing
<br />address stated heroes or to such other address as Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any
<br />notice provded for in this Deed of Trust shelf be deemed to have been given to Trustor, Beneficiary or Trustee when given in the
<br />matnsr designated herein.
<br />24. Governing Law; SevenbiMy. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event any provrs.•on or
<br />clause of Out 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 conthckng provisions and to this end the provisions of this Deed of Trust are declared to be severable.
<br />P?
<br />25. Everts of Default. Each of ire toflowing occurrences shark constitute an event of default hereunder, (hereinafter called an "Event
<br />i
<br />of Default-):
<br />(a) Truftof shat tat to pay when due any principal, interest, or principal and interest on the indebtedness.
<br />(b) Any warranty of bft made by Trustor herein shah be untrue,
<br />(c) Trustor shat riff to observe or pedorm 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 shaN prove false or materially misleading,
<br />(e) Truslor she) fait to perform or observe any of the covenants, conditions or agreements contained in. or binding upon Trustor under
<br />arty building bat agreement, security agreement, loan agreement, finanang statement, or any other agreement, instrument or
<br />document executed by Trustor in connection with the loan evidenced by the Note,
<br />(t) A trustee, receiver or liquidator of the Trust Properly or of Trustor shall be appointed, or any of the creditors of Truslor shad file a
<br />petition in bankruptcy against Trusts, or for Me reorganization of Trustor pursuant to the Federal Bankruptcy Code, or any sims1a
<br />law, whether lederel s state, and it such order or petition shall not be discharged or dismissed within thirty (30) days after the date
<br />on wtochh such order or petition was hied,
<br />(g) Truslor shell We a petition pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or if Trustor shad be
<br />adgidged a bankrupt, or be dwJ~ insolvent, or shall make an assignment for the benefit of creditors. or shall admit in writing its
<br />Nub*ry to pay its debts as they become due, or shad consent to ire appointment of a receiver of all or any part of the Trust Property,
<br />fh) Fkealludgrtert for tin payment of money shelf be rendered against Trusts and Trustor shad not discharge the same, or cause of to
<br />be dreGeargW, within Marty (3D) days after the entry Hereof. or shed rnot appeal therefrom or from the order, decree or process upon
<br />whack or pursuant to wtach said fudgmem was granted, based, or entered, and secure a stay of execution pending such appeal,
<br />p) Trustor prat set Of convey the Trust Property, or any path thereof, or any interest therein, or shall be divested of its title, or any interest
<br />Merea , in any manner or way, whether voluntarily or Knvoruntanly, without the wriner consent of Beneficiary being first had and
<br />obtaw", of
<br />(g N Trusor is a torpor~ or partnership and more Man fifty percent (50%) of the shares or beneficial interests in such corporation or
<br />parows ip, sa Me case may the, ship be transferred of conveyed, whether voluntarily or involuntarily. without the written consent of
<br />So 0"" being Met had and obtained.
<br />26. Acc@W~ of Deb, Foreclosure. Upon tin occurrence of any Evert of Default, or any time Hereafter. Beneticnary may, at its option,
<br />deck" all the lhdeDMWesa secured hereby immiedistety due and payable and Me same shall near interest at the default rate. if any,
<br />W AD"" in tin Note, or otherv„ se at the highest rate permitted by law, and. irrespective of whether Beneficiary exercises said option, it
<br />OW, of Rio option and in rte $ole discretion, wiOhOut any further notice or demand to or upon Trustor do one or more of me following,
<br />(a) Benst%isy may aner upon, take possession of, manage and operate the Trust Property or any pan thereof; make repairs and
<br />~vlio ns and do any acts which Beneficiary deems proper to protect Me security thereof, and ether with or without taking
<br />possession, in on own name, sue for Or ONWWIse collect and receive rents, issues and profits, including those past due and unpaid,
<br />and *A* to same, keis coats and expenses of operation and collection, including reasonable afforney fees and Beneficiary's
<br />costs, upon No kndebte mess secured hereby and in such order as Beneficiary may detemwne Upon request of Beneficiary, Trustor
<br />shelf eesembfe and diet make avaNabis to Beneficiary any of the Trust Property which has been removed The entering upon and
<br />UOWV poaaa,bh of the Trust Propery. Me ca+Ncfion of any rents, issues and profits, and Me aepkcahon thereof as aforesaid, shalt
<br />not pee s waive any deftO theretolore s Meteaher occurring, a affect any nonce of default kx nc rice of saie hereunder or
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<br />r maNdeN any act done pursuant to any such notice Notwithstanding Benekc,ary's continuance in "ssessro n or receipt and
<br />appMCeMOrr of her", issues or profits, BenefK:iary shad be entttied to exercise every rrght pii wided filmr in trees :.reed at Trust or by taw
<br />COO? Of SOW No mvurnm* of e n Evert of Defsuff, including the right to exercise the iiower ;)f sate ,any OI tr a aC1rcN :s referred !0 an
<br />OW paagnplr may' be taken by Bermhftt ry of such time as Heneficrary may reter-mrie w:tmwl rt!irar0 kr the adequacy of any
<br />security to kalebleaheas secured hereby.
<br />pr,,Aw
<br />(b) Oonat>wr ice. *WW regard th the adequacy of any security kit I a imlewoon ass SdCi +reC nr?fk?1)y. ',e vr,vttoa rig the
<br />aWWthrtMt at a reCaYar by any court having frisd crKA. wtthoui, Mehra, tit) rate p o,� `itsvit ",i 1votec" -Jr+i7 "Ar"i"Jar $he tr.rtr
<br />Pmporfy and Operate me sense and coNact the rents, issues and tiri nits thofntrt,.r•
<br />(Cf ft000k-tary may rising any acoo l net any Court n31 COftww ;anf twr!.ncf 1,,w `"e ,,,, f+' !c:,cN n ^, ,i triter
<br />,x�ywnsMS laererii
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