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76. Covenants at Trustor with Respect to leases. Without me prior written consent of Beneficiary. Tru=rshafinv. directly or indirectly,
<br />with respect to any Wise of space in The Trust Property. or any portion thereof, whether suers lease is now or hereafter in eKislerice,
<br />(a) Accaptorpairmit any prepayrnent, discount or advance payment of rent hereunder in excess of one month.
<br />Cancel or Wminate The some, or accept any canceAstion, lerminaton or surrender thereof, or permit any event to occur .which would
<br />(c) A"aand Dr-modify the same so as to reduce The rerm -thereof, The rental payable Thereunder, or to change any renewal provisions
<br />(d) Aftve any deftult 1hereundaror breach thereof.
<br />�(v) I&M,07yLTMaentwover.orapproval lheraunder,ortake any other action in connection Therewith, or with a lessee lherftm, oer, which
<br />would: Oovelheaffiect ofsinpaidrg Itye vahie of The AMWr's interest #ieraunder,DT the prpperfmutijer-I Thereto, orof impan7riq the
<br />posNari,ovint
<br />(f) Saff, -wipn.,piadge, -ortpa;
<br />M or otherwise :dispose of :or encumber as interest in any saidlease or any rents. -issues, profits issuing
<br />Dransingom"WIMder.
<br />17. Xt#Aw DtStatute di Limitations. Time is of The essence in at/ of Trustor' obligations and dutieshersurider; and To the extent permitted
<br />bylaw, Tnistor waives Jill,pre aritor titure statutes ni limitations with respect to any debt, demand or obligation securadbereby and
<br />any action orVroceedM forlhepurPOWalerithircing,Ittis Deed of Trust or any rights or remedies contained herein.
<br />7.8. Assiqnffw#vfDeposft. In'theevent Doristruction.of improvements is contemplated by The loan evidenced bythe Note secured
<br />hereby, as additional security TherelDre, Trustor' hereby transfers andassigns to Beneficiary, all nght. Title- and interest TO any and all
<br />monies deposited by or an behalf of Trustor with anycity, -county, public body or agency, sanitary district. -Liffirty company, and
<br />any nlher:body.or agency, for the mstallation orlo secure The installation ofany utility by Trustor, pertaining to the Trust Property.
<br />T.J. Domoroon or Partnership Existence. 4f Trustor is acorporimon, generelpamermp. or limited partnership, it vill do all things
<br />necessary Topresene its corporate or partnership existence, as the case maybe. and all rights anopriviiages under the Jaws of the
<br />stale &, is incorporation.,ororpanizatan.
<br />20 Forbearance by Beneficiary Not .a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder or otherwise
<br />aftormW by AW ficable law, *sh all, n W be a waiver of or preclude The exe rots e of any such right or remedy. The procurement of
<br />knurance or1he payment Dftaxes, or The discharge of,fiens or charges by Beneficiary shall not be a waiverofBerieficiary's fight to
<br />acceMorift The waturtly,of1heIndebradness.
<br />21. Remedies (Cumulative. Ail rwnedes provided in this Deed of Trust are distinct and cumulative to any other right or remedy under
<br />Deed of Thworaftrdedby law orequity, and maybe exercised concurrently, indepanderivv or successively.
<br />22. Successors and Assigns Bound, Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and �Ifte rights-hereunder shalfinum to, The iespactivesuccessors and assigns of Beneficiary, Trustee, and Trustor. A/) covenants and
<br />agreements of Trustor shall tx-)oiryt and several. The captions and headings of The paragraphs of ?his :Deed of Trust are for
<br />convenience only avid are not to be used to interpret ornelm The provisions hereof.
<br />23. Notice. EpiceptIbr any notice required under applicable law to be given in another manner, (a) any notice to 7rustrit, provided for in this
<br />DEW of 7rust.shalf be given by mailing such notice by rerlffied -mail, return receipt requested addressed to Trustor at its mailing
<br />address set forth above or atsuchother 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 tecatlot requested. to Beneftciari 'i and Trustee's mailing
<br />address stated herein or to such,ather address as Beneficiary or Trustee may designate rby notice to Trustor as provided herein. Any
<br />notice provided for in this Deed of Trust shalibe deemed to have been :given to Trustor. Beneficiary or Trustee when given in Tne
<br />manner :designated herein.
<br />24. GoverningLaw, Severability. This Deed of Trust shallbP governed by the laws of the State of Nebraska. in the event any provision or
<br />clause at This Deed of Trust conflicts .with applicable law, such coryffict shall not affect other provisions of his Deed of Trust .which can
<br />be given affect without me conflicting provisions and to this end the provisions otmts 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" ):
<br />(a) Trustor shall fail Topay when due any principal, interest, or principal and interest on fhe indebtedness.
<br />(b) Any warranty of title made by Trustor herein shall be untrue,
<br />(c) Trustor shall faillo observe or perform 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 surimmeo To Beneficiary by or on behalf of
<br />Trustor shall prove false or materrally misleading,
<br />(b) Trustor shall tail to perform or observe any of the covenants, conditions or agreements contarnLo' in, or binding upon Trustor under
<br />any building loan agreemern, security agreement, Joan agreement. financing statement or any other agreempr7t. instrument or
<br />document executedby Trustor in connection with the loan evidenced by the Note.
<br />(f) ATrustee, receiver or liquidator of The Trust Property or of Trustor shall be appointed, or any of the creditors of Trustor shall file a
<br />petition in; bankruptcyagainst Trustor, or tar the reorganization of Trustor pursuant TO The Federal Bankruptcy Code, or any similar
<br />law, whether federal or state, and if such order or petition shall not be discharged or dismissed within thirty (30) days after the date
<br />onwhich.such orderor petition was filed,
<br />(g) Trustorshail file a petitionpursuant to The Federal Bankruptcy Code or any similar law, federal or state, or if Trustor snail be
<br />adjudged a bankrupt, or be declared insolvent. Or shall make an assignment for the benefit of creditors, or shall admit in writing its
<br />inabdity lo,pay itsdebts as they become due, or shall consent To the appointment of a receiver of all or any part of the Trust Proper?v.
<br />(h) Final judgment for The payment of money shall be tendered against Trustor and Trustor shall not discharge the same, or cause it to
<br />bedischarged, within thirty (30) days after the entry Thereof, or shall not appeal Therefrom or from the order, decree of process upon
<br />which orpursuant to which said judgment was granted, based, or entered, and secure a stay of execution pending such appeal.
<br />0) Trustor shall sell or convey The Trust ;Property, or any of any interest therein. or shall be divested of its title. or any interest
<br />WMw6n. in any manner orway, whether voluntarily or involuntarily. without Thewritter, consent of Beneficiary being first had and
<br />obtained, or
<br />U) If Trustor is a corporation or parmershtp and more than fifty percent of the shares or beneficial interests in such corporation or
<br />partnership, as the case may be, shall,be transferred or conveyed, whether volurnaniy of 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, Beneficiary may, at its option,
<br />declare all the Indebtedness secured hereby immediately due and payable and the same shall -bear interest at the oetautt rate, it any,
<br />set forth in the Note. or otherwise atthe highest rate permitted by law, and, irrespective of whether ,Beneficiary exercises said option, it
<br />,may, W its option and in its sale discretion. wrthout any further notice or demand to or upon Trustor, do one or more of the following
<br />(R) Beneficiary may enter upon. Take possession of. manage and operate the Trust Property or any par, thereof make repairs and
<br />alterations and do any acts which Beneficiary deems proper to protect the security Thereof. and --iffier with or without taking
<br />posseavon, in ifs own name, sue for or otherwise collect and receive rents. issues and profits, including those past due and unpaid,
<br />and apply the some, Jess costs and expenses of operation and collection. including reasonable attorney fees and Beneficiary 5
<br />:=ft, upon the Indabledrwss secured hereby and in such order as Beneficiary may determine Upon request of Beneficiary, Trustor
<br />shall assarnble and snail make available to Berieftiary any of The Trust Property which has been removed The entering upon and
<br />taking possession of the Trust' Property. The collection of any rents, issues and profits, and the application thereof as aforesaid shat,
<br />not curls or waive any default Theivtotore Or thereafter Occurring. Of affect any notice Of default or notice of sale nereanoer or
<br />rnvokdjft any act done Pumuarrl to any such notice Notwithstanding Beneficiary s continuance in possession or receipt and
<br />application of ents. issues or profits. Beneficiary snail be entitled to exercise every ripritprovided tar in This Deed of Trusr Of o, taw
<br />upon Of Bh&r the occurrence of Err, Event of Default. including the rigM to exercise the powe, ol saie Acv n! me actionc raferreC- 'n rc
<br />this PWIMPrOPIl may be taken by 80F)WIcarY at such Write at Beneficiary may determine wrfhou7 -eyciro tc—me adecuact of ant
<br />security for the Invetife-ines& u&curory hereby
<br />'laq, shall withIdul regard To the adequacy Of any securfly for Vie inof'ble0r.."'
<br />apporriftnent of a rvoesvor by any court having funs-dicftfin without n0fiUP 11"
<br />;'h5Per!V 8110 Wlfffifft- rtw same wid roliec'! the ritfirt and V-0,...
<br />Hf,v a:V,W, " a"W cur "'i
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