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76. Covenants of Trustor with Respect to Leases. Without the Dnor written consent of Beneficiary, T�ustor al Y, eLTf�n n27ireciry,
<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 />lal 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 r ent,
<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 />ON~ contained,
<br />(d) Waive any data R thereunder or breach thereof.
<br />(0) Give any conawit, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />would have the elAsct of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />post or iterest of Beneficiary therein. or
<br />(f) Salt. assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues, profits issuing
<br />or ansing thereunder.
<br />17 Warms of Starlit 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 we ves aN present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and
<br />argr ecaon Of proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />18 Assigmnem of Deposits. in thre event construction of improvements is contemplated by the loan evidenced by the ,Note secured
<br />hereby as addMonaf socurify therefore, Trustor thereby transfers and assigns to Beneficiary, ail right, title and interest to any and all
<br />monies deposited by or on behaff of Trustor with any city, county, public body or agency, sanitary district, utility company, and
<br />any oiler body or agency, for 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. 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 jaws 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 />�Y�apiae0le Jnv -;girt not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />? or tie pagnettt fftali#s or me discharge of hens or charges by Beneficiary shall not be a waiver of Beneficiary's right to
<br />OCOO WO ills rxatafity tffMis InViebtedness.
<br />21. Remik es Cumuft0k,4 AtAiVa"s provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or aft ded by law or equity, and may be exercised concurrently. independently or successively.
<br />22. Successes and Assigns Bound: Joint and Several Liability. Captions The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shelf inure to, the respective successors and assigns of Beneficiary. Trustee, and Trustor. All covenants and
<br />agreerrrents of Trustor shall be pint and several The captions and headings of the paragraphs of tins 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, tat any nonce to Trustor provided for fn this
<br />Deed of Trust shale be given by marling such notice by certified mail, return receipt requested addressed to Trustor at its mailing
<br />address set form 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 shall be given by certified ,^rail, return receipt requested. to Beneficiary s and Trustees 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 />rotce provided for in this Deed of Trust snail be deemed to have been given to Trustor. Beneficiary or Trustee when given in the
<br />manner designated herein
<br />24 . Governing Law; Severabiltry This Deed of Trust shall be governed by the laws of the State at Nebraska. In the event any provision or
<br />clause of Mrs Deed of Trust conthcts with P.pphcabie law, such conflict snail not affect ocher provisions of this Deed of Trust which can
<br />be given effect without the cdnfiicting provisions and to this end the provisions of this :reed c,t Trust are declared to De severable
<br />25 Events of Default. Each of the following occurrences shall constitute an event Of Uetau!; Hereunder, :hereinafter called an Event
<br />of Defauf'l:
<br />ia; Trustor shall fail to pay when due any principal, irrerfrSt, C), r)nnmuai an7 ,,i!ere_' r,r; the )nueb.'PdneSS
<br />bj Any warranty of title made by T'UStar, :herein char) be untrue,
<br />r_i Trustor Shall far; to UOServe Gr periorrr any Of the aver:ant5. ag lee r, )i_t!, co i'u!"a;!,c,!7s e r, ;) f 7
<br />id) Any representation or warranry made by 'rtrsior on any financial statements ut repons submi fed tc Beneficiary by or on benaif of
<br />Trustor shall prove false or matenahy misleading,
<br />ei Trustor sheii fat! to perform or obser ve any of the covenants. COndrtions or agreements ontained in, or binding upon Trustor under
<br />any building foan agreement security agreement. 'Dan agreement, financing sfare^reni :)r ar ;)flier agreement, instrument or
<br />document executed by TrastOr an connection w ?h rite loan evidenced b)' the Noie.
<br />fi A trustee, receiver or liquidator of the 'rust Property at of Trustor shall rte appoi.ntec . pr airy ,?f the crediror5 of T ruiror Shall file a
<br />petition in bankruptcy agarns! Trustor, ur for the reorganization p;f T„ustn. r pursuant tr the Federai Bankruptcy Cede. or any similar
<br />law. whether federal or state, and if such ordei or petrfior, shall nut be discharged or dismissed within rhirry i'3()) days after the date
<br />on which such Order of petititir! was filed.
<br />ig) Trustor snap file a petition pursuant is r ie Federal Bankruptcy Cade iii any Similar law, federal Dr stare. :nr if Trustor shall be
<br />ad)i,dged a bankrupt, or be deciareci insolvent, or shah make an assighmenl for the benefit of creditors. Ur shall "admit in writing its
<br />inability to pay its debts as they become due. or snail consent ro the appointment of a receiver of all or any part of the Trust Propene
<br />'h) Final judgment for the payment of money Shah be rendered against Trustor and Trustor Shall not discharge the same, or Cause 11 rc
<br />be d(9chiar9e0. wrthin thirty (30) days after the entry thereof or shall not appeal trierefrom or from the order• decree or process upon
<br />which Of pursuant to which said judgment was granted. based OF entered, and secure a stay of execution pending such appeal,
<br />di) Trustor shah• sell Or convey the Trust Property or any Darr thereof Of any interest therein., of mall be divested of its true, or any interest
<br />therein, in any manner or way, whether voluntaniv or tr)vojuntarily, without the written consent a' BenefrCiary being first had and
<br />Obtained. or
<br />(p If Trustor is a corporation or partnership and more than fifty j➢(5(L' ®Rl 15n °x,) of the Shares Or DQRe1,Ga/ n ?(BfeSfS in Such corporation or
<br />partrerftp, as the case maybe, Shah be transferrett or conveyed_ whether vo)unfarl)v or involunfaril y, without fne written consent r1!
<br />Benaha;wy being first had and obtained
<br />M A0000aratron of Debt. Foreclosure. ;)pan the occurrence of any Event of Default, ar anv time thereafter, Beneficiary :ray, at its option,
<br />decdarn airy the hrdahtednesr secured hereby,mmediarely due and pavabip and the same nnaii bear interest at the default rate . rf any .
<br />ser forth in the Note. or otherwise at the hrpfest rate permitted by law, and irrespective of whether Beneficiary exercises said option, it
<br />inay, M its option and rn its sole) dlscreton, without any further notice or demand to or upon Trustor, .70 one Or ni {ire of the lOhdw:ng;
<br />Fai beneficiary may enter upon. rake possession at, manage and operate the Trust Property or any part ihiere0f make repairs and
<br />aawahoris and do any acts which Beneficiary deems proper to protect the Secunrty thereof, and either with or without taking
<br />polaoastoh in It own name, Sue for or otferwise collect and w.ewo rents, issues and profits, including tfl04`E, ;)eat due and unpad,
<br />and appfY the same, lass costs and expenses of operation and collection, inciuding reasonable a7orrwy Ass and Ber of nary s
<br />upon the Inchimearwas secured hereby and In such order as Beneficiary -By determine Upor request o! Berwitc)ary
<br />seas and,~ make available to Beneficiary any of the Trust prupeny w.hhcn has bean +em ,vw Thlw a lrennq upon, and
<br />L
<br />4"Pcialietwor of the ?rust Property the collec:tran of anv rent Ssuei; and l rofris rend 'he al 6 lit am r " rerei?f as afo+esaiu sea!;
<br />mirk Curb Of we've any default tnttrerfroom' or thereafter occurnag. Or affect any riofice t ,7pfautt e, ; + Salt: hprt)ur ckfr a'
<br />rfwakdatir any act oorm pursuant to airy such notice Notwithstanding Benefatxary s conttnuarice m, t,psseess)en i crr rErC:e.Pf anti
<br />Miriplrcafton of rents, issues pr;oaht5, Beneficiary shall be "mtied re exe,cisp every n lHf vnw ;ie, r , ; ra : t acs > _ :st w
<br />)
<br />upon of after she a ccurrerk le of an f-verr 0 D"feutt (n(,;ucvrig ;rg h nr e xprcrs tr r e �i Grrp r
<br />Phis Paravwr *rraY tie taken try 80frefcilery ar su( ?h turfs as bViiO reiary miry -6"4,4 ^ rt ie v.:eoq ,a, v l „a
<br />unify fro free ;n1101t ntriet cs "Cured nirrreti y
<br />.•�,; f..tpnRslf "afy urar;, wJtnow fegw"J r', me p!AP,Juaf.'y ,.if Arty xrrC {.:niy twit !rrt. ;nryNb!w�P•rM4 •.w-. ;,ter• r- ,p>t,i H ,' :P +H
<br />a#gn.,Trrr# f rr ?. ,slaw w I,y at iy (`attar twiet"vg )ufr?idir ficrr: girf'ou off! t •;�r r• tn_r.ir^ •,,, ,� ,a n,� „� ,,
<br />P. nay xrx„ rr'.rtr»e ...,, , • .
<br />3t i ate firth; r: an,rg a`z;! ,: (i&P!>r;:1 frail !Arrti, •3AU+'s i, nrrr'.> ..`rrr tr!r •e
<br />f�mr+twhr,yry „ray • r ;rte �..q ,u,-fx :n - ,ei'r :, .')ro) {Warta r.t, r' ,.. , _,
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