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<br />85--- 005066
<br />16. Covenants of Trustor with Respect to Leases. Without the 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 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 />(4) 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 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 contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(a) Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />would have the effect of impainng the value of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />position or interest of Beneficiary therein, or
<br />(f) Self, 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 />17. 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 taw, Trustor waives all present or future statutes of limitations with respect to any debt. demand or obligation secured hereby and
<br />any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br />18. Assignment of Deposits. in the event construction of improvements is contemplated by the loan evidenced by the Note secured
<br />hereby, as additional security therefore. Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all
<br />monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and
<br />any other body or agency, tot 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 laws 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 />afforded 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 the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a waiver of Beneficiary 's right to
<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 />Deed 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 The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shalt inure to. the respective successors and assigns of Beneficiary. Trustee, and Trustor All covenants and
<br />agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this 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, (al 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 marling
<br />address set forth above or at such other address as Trustor may designate by notice to Beneficiary its 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 marling
<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 form 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; Severabifity This Deed of Trust shall be governed by the 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 Trust are declared to be severable.
<br />25 Events of Default. Each of the following occurrences shall constitute an event of default hereunder. !hereinafter called an 'Event
<br />of Default' 1
<br />ia) Trustor shall fail to pay when due any principal, interest, or principal and interest on the Indebtedness.
<br />fb) Any warranty of title made b y Trustor herein shall be untrue.
<br />!cl Trustor shall fail to observe or perform any of the covenants, agreements, or c oncmior)_< m this Deed of Trust.
<br />id) Any representation or warranty made by Trustor on any financ::al statements or reports submitted ro Beneficiary Cy or on behalf of
<br />Trustor shall prove false or materially misleading,
<br />(e) Trustor shall fail to perform of observe any of the covenants, conditions or agreements contained in, or binding upon Trustor Linder
<br />any building loan agreement, security agreement, ioan agreement tman(mg statement, or any other agreement, ristrumeril or
<br />document executed by Trustor in connection with the loan evioenceo by the Note
<br />rfj A trustee, receiver or liquidator of the Trust Property or of Trustor shdfl be appointed, or anv of the creditors of Trustor shall file a
<br />petition in bankruptcy against Trustor, or for the reorganization of Trustor pursuant ?0 016 Federal Bankruptcy Code. or any Svmflar
<br />law, whether federal or state. and d such order or petition shat! not be discharged or dismissed within thirty (30) days after the date
<br />on which such order Or petition was filed,
<br />rg) Trustor shall file a petition pursuant to the Federal Bankruptcy Code or any similar law federai or state or it Trustor snail be
<br />adjudged a bankrupt, or be declared insolvent, or shah make an assignment tot the benefit of Creditors, or shall admit in writing is
<br />inability to pay its debts as they become due. Or shall consent ro the appointment of a receiver of all or any part of the Trust Properly.
<br />(h) Final judgment for the payment of money shall be rendered against Trustor and Trustor shall 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 tyre ordet . decree cu process upon
<br />which or pursuant to which said judgment was granted. based, or entered. and secure a stay Of execution pending such appear.
<br />(,) Trustot shall sell or convey the Trust Property, or any part thereof, or any interest therein, or shall be divested of its title. Of any interest
<br />therein, in any manner or way, whether voluntarily or involuntarily, without the written consent of Beneric,ary being fits? had and
<br />obtained, or
<br />tji If Trustor is a corporation or partnership and more than fifty percent f50 °ol of the shares or benefi(aai interests m such corpora( on of
<br />partnership, as the case may be shall be transferred or conveyed whether voluntarily or invowlitardy, without the wraten consent ;,l
<br />Beneficiary being first had and obtained
<br />26 Acceleration of Debt, Forec:iasure Upon the Occurrence of any Event of Default, or anv time thereafter, Beneficiary indy. at as
<br />declare all the Indebtedness secured hereby immediately due and payable and the sari& shall bear interest at the default rate, d any.
<br />Set forth in the Note, or otherwise at thie highest rate permitted by law, and, irrespective of whether Beneficiary exercises said option, ;!
<br />may, at its option and in its ,idle discretion, without any further notice or demand to or upon Trustor, do one or more of the fol owmq
<br />raj Beneficiary may enter upon, take jx)ssessron of, manage and operate the Trust Property or any part thereof, :Hake repairs and
<br />alterations and do any act's which Beneficiary deems proper to protect the s(teurRy, thereof, and either will) of wrfhour lakinq
<br />possession, in its own name, sue for or Otherwise collect and receive reins. Issues and profits, inciixfing those past due and un0;i10
<br />and apply the Sarno, less costs and expenses of operation and collection, including reasonabie attvrney fees and Bene hcrary
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<br />) i) n St f f r e a
<br />coats, upon ffi® Irrrlebte;:9ntsss secured hereby and in such or(.er as i3t nehc ary may notes rn�ne J1 c request
<br />shall assembie and shall make available to Beneficiary any of the trust Pfolier?y which has been lerinovetl '.ae e lltif nq iit)+-r a!,.*
<br />faking w of the trust Property, the collection r,f any ents, issue5 and T r h t ar v n p !r c d r i c t h e r i ! ,
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<br />•u t Cure of waive any default theretofore or thereafter o, cur my, or amea r any "or,( P of <lefau r rrc rri e sdi(i he fe inc7e
<br />,nvaiidafe any act dori& pursuanf f0 any ;:ufh )(it,[ o Nulwith5ta ulmq Beoe frt,ary i, `onrrnu rr f e n e ssm i or loce,pl Vr 41
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