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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 Properly, or any portion thereof, whether such lease is now or hereafter in existence.
<br />C (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 />(6) 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 />qj (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 ansing 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 />78. 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, 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 yot 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: Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee. and Trustor. Alf 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 marling
<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 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 />notice provided for in this Deed of Trust shall be deemed to have been given to Trustor. Beneficiary or Trustee when given m 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 contbcts 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. ihereinafter called an Event
<br />of Default")-
<br />(a) Trustor shall tail to pay when due any principal, interest, or principal and interest on the Indebtedness.
<br />(b) Any warranty of title made by Trustor herein shall be untrue,
<br />(c) Trustor shall fall to observe or perform any of the covenants, agreements, or conditions %n this Deed of Trusr.
<br />id) 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 />te) 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 agreement. financing .statement or any other agreement instrument or
<br />document executed by Trustor in connection with the loan evidenced by the Note.
<br />Of A trustee. receiver or liquidator of the Trust Property or of Trustor shalt be appointed. or any of rho creditors ce Trustor shall file a
<br />petition in bankruptcy against Trustor, or for 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 he discharged or dismissed within thirty 130) days after the stare
<br />ore which such order or petition was filed.
<br />1y) Trustor shall file a petition pursuant to the Federal Bankruptcy Code or any similar raw. federal or state. or if Truster 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 />inability to pay its debts as they become due, or shall consent to the appointment of a receiver of all or any part of the Trust Properly
<br />hr Final)udgment 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 1'30) days after the entry thereof. or snail not appeal therefrom or from me ruder decree or process r:por,
<br />which of pursuant to which said judgment was granted. based, or entered, and secure a stay of execution pending such appeal.
<br />(i) Trustor shall sell or convey the Trust Property, or any pail thereof, or any interest therein, or shall be divested of its title. or any inferesr
<br />therein, in any manner of way whether voluntarily or involuntarily, without the written consent of Beneficiary being first :had and
<br />obtained, or
<br />(I) if Trustor is a corporation or partnershio and more than fifty percent (50 1r.) 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 involuntarly. 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 DefauR, or any tirne thereafter Beneficiary may it its option
<br />declare all rho indebfedness .secured hereby immediately due and payable and rho sirrne snap bear ,nteresf at me default rate if any
<br />set forth in the Note, or otherwise of the highest rate perntted by law, and, irrespective of whether Berief,ciary exercises saris option. it
<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 part thereof, make repairs and
<br />alterations and do any acts which Beneficiary deems proper to protect the security thereof and either with or without taking
<br />possession, in its own name, sue for of otherwise collect and receive rents, issues and profits, including those past due and unpaid
<br />and ap�iy Metairie, less costs and expenses of operation and collection. Ineliadinq reasonable attorney fees and flonelic +ary S
<br />cost: upon the Indebtedness secured hereby and in such order as Beneficiary may determine Upon request of Beneficiary. 7rw,for
<br />L ^ha!l assemble and Shalt make available to Beneficiary any of the Trust Properly w h, .l has t ie r ? re npved Th rrfany upon xi
<br />taking po setis,on of the Trust Property, the collection of any fentti iStut s And profits, fnd the appi,caficin t eivof ;iS atcvesai(1
<br />not curn pr, warv(;i any clelaull therefolore or thereafter ocr uninfl. or afffici ally notwo of elf >bariit of " (1wo rt '37P hereunder 1'
<br />invalidate any tact done pursuant re) Any such motile NolwWi itandinil Beneficiary c rr,nhnuairc (, i oos� :,nn of rnce,pt mist
<br />application of ferif4 llrerS it pforr , HCnefrciifry ;hall l,r .nhfterl f, r xf mice v1 ' ry p.t per ,Ov(f frn ,n on" iced f T uti " 7 i ' r„
<br />ip,Nin or triter !tie ur r I/nenCe of yn I-venl n7 f)PIauH roc- iird.nq Uro r iJhf tic. n i i a � �' �drp Arrf hr• uY r n.. r'n , ,. -
<br />'hr5 pe7lagf8pfl may he faken by Honiofic,aq of '.uch brim .v, liennhc v, , nti,i !"r rdeChrdi iv,
<br />e,rcrvify for the Indehfednw," •;u( uind herehV
<br />ffenellrrnry °i lnfli N,ffiow ... q rd In INfi N0Piil1w y ui Tiny ,,r unr, hr .,,,1n r.'f,., r .r, ;rid iii r r. ....
<br />tfppr,rnbnnni i:r ,9 "of nivf•r hey ;fnV ; uaui hFiVrnri umvNr hi, v,!r,i,�,' ,.. '.u,. , r , •,�i•,,,,;i ,
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