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<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 />(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 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 />(e) 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 impairing 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) Sell, 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 law. 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 Joan 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 an
<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, 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 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 !his
<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: Cap: ons. The covenants and agreements herein contained shall bond, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee. and Trustor AlJ 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, (a) 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 mailing
<br />address set forth 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 mail, return receipt requested, to Beneficiary's and Trustee's 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 />notice provided for m 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: Severability. 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 Jaw, 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 conshfute an event of default hereunder, :hereinafter c alled an 'Event
<br />of Default"):
<br />(a) Trustor shall fail to pay when due any principal. interest, or principal and interest on the Indebtedness,
<br />(b) Any warranty of title made by Trustor hereon shall be untrue.
<br />(c) Trustor shall fail to observe or perform any o! 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 shall prove false or materially misleading,
<br />(e) Trustor shall fail to perform or observe, any of the covenants, conditions or agreements contained in, or binding upon Trustor under
<br />any building loan agreement, security agreement, loan agreermem, financing statement or any other agreement, instrument or
<br />document executed by Trustor in connection with the loan evidenced by the Note,
<br />try A trustee, receiver or liquidator of the Trust Property or of Trustor shall be appointed. or any of the creaitors of Trustor snail file a
<br />petition in bankruptcy against Trustor, or for !tie reorganisation of Trustor pursuant to the Federal Bankruptc y Code, or any similar
<br />law, whether federal or state, and it such order or petition shall not be discharged or dismissed within thirty (30) (lays after the date
<br />on which such order or petition was filed,
<br />g) Trustor shall file a petition pursuant to the Federal Bankruptcy Code or any similar law, federal or state. or if Trustor shall be
<br />adjudged a bankrupt, or be declared insolvent, or shall make an assignment for the benefit of creditors. or shall adrnit in writing its
<br />inability to pay its debts as they become due, or shall consent to the appointment of a receiver of all or any pan of the Trust Property.
<br />(h) Final judgment for the payment of money shall be rendered against 'Trustor and Trustor shall not discharge the same, or cause ,t ro
<br />be discharged, within thirty (30) days after the entry thereof, or shat/ riot appeal therefrom or from the order, decree or process upon
<br />which or pursuant to which said judgment was granted, based, or entered, and secure it stay of execution pending such appeal,
<br />hi Trustor shall sell or convey the Trust Property, or any pan thereof, or any interest therein, or shall be divested of its title. or any interest
<br />therein, in any manner or way, whether voluntarily or involuntarily, without the written consent of Beneficiary being first had arid
<br />obtained, or
<br />(p it Trustor is a corporation or partnership and more than fifty percent (50 °,J of the shares or beneficial interests in such corporation or
<br />partnership, as the case may be. Shall be transferred or conveyed, whether voluntarily or involuntarily, without the Written 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 time thereafter, i3enefrciary rnay. at its option
<br />declare all the Indebtedness secured hereby immediately due and payable and the same shall bear interest at the default rate, if any,
<br />set forth in the Note, or otherwise at the highest rate permitted by law, and. irrespective of whether Beneficiary exercises said option, if
<br />may, at its option and in its sole discretion, without any further notice or demand to or upon Trustor, do one or more of the following.
<br />.a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any pan thereof, make repairs and
<br />alterations and do any acts which Beneficiary deems proper to protect the security thereof, anff either with or without taking
<br />possession, in its own name, sue toe or otherwise collect and receive rents, issues and profits. including those past due and unpdia,
<br />and apply the same, less costs end expenses of operation and collection, including reasonable attorney fees and Beneficiary s
<br />costs, ufiloo the Indebtedness .secured hereby and in such oraer as Senehc,ary may lorennine Upon request of Beneficiary. Tnistor
<br />shall assemble and shall make available to Beneficiary any (if the trust Props tv wt-t( I; has heen remove) The t'nterinq upon and
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<br />i taking possession of the Trust Property, the collection of any rents. 5 ue s a£ ^if r,,o ts. an11 Nis apps i.atn'n t fo,flor as ,ifonlseid. ~hail
<br />t"•• riot cure or waive any default them(0fore Of thereafter f cf wnrofI, �_ MNer X" i l 5 ile hereunder or
<br />invalidate any act done pursuant to any such notir t. Nf,twrUrst r. f r rte , r tiny n , s e i , r f)W�sesc n op fccegN irni
<br />application of roofirs. ssufa or profits. Beneficiary h v) tie '—'1110 hue , it c d r,f t u t t c "I"
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<br />tQ3en rPr after the fic urrence of ion FVent (if bofa,ri( 'wi,: .l '�� r�v •' •i 'i' ,�, •�• curt= �� Par i., , 'r.'eiieJ
<br />thin pirracpaph may em taken by f)enefiriary of stir: n w, £ii =,;Fr:. ., r •: ., •, :.' •t- r i- r n r .i�frquar, :,l v,y
<br />""runty liar rh" ind "hflarlmea: tiecufed hereby
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