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, <br /> :. . - ., .=�. ;-: ., ._ . .. : ,.,:, _, <br /> �, _� .:. . . . �., <br /> ` 98- it�3995 <br /> each property. The coverage shall be in an amount of not lesa than $300,000 <br /> single limit for bodily injury and property damage. The liability insurance and <br /> casualty insurance may be procured in a aingle policy or may be obtained in <br /> separate policies. In any event, auch policy or policies shall name Beneficiary <br /> and Trustor as insured as their interests may appear, and Beneficiary shall be <br /> provided with a Certificate of Insurance or duplicate copy showing the insurance <br /> to be in full force and effect at all times during the term of this Deed of <br /> Trust. <br /> 4. ACTIONS AFFECTING TRUST ESTATE. Trustor ahall appear in and contest <br /> any action or proceeding purpbrting to affect the security hereof or the rights <br /> or powere of Beneficiary or Trustee, and shall pay all costs and expenses, <br /> including cost of evidence of title and attorney's fees, in any such action or <br /> proceeding in which Beneficiary or Trustee may appear. Should Truator fail to <br /> make any payment or to do any act as and in the manner provided in any of the <br /> Loan Instruments, Beneficiary and/or Trustee, each in its own discretion, without <br /> obligation, may make or do the same in such manner and to such extent as either <br /> may deem neceseary to protect the aecurity hereof. Trustor shall, immediately <br /> upon demand therefor by Beneficiary, pay all costs and expenses incurred by <br /> Beneficiary in connection with the exerciae by Beneficiary of the foregoing : <br /> righta, including, without limitation, costs of evidence of title, court coets, <br /> appraisals, surveys and attorney's fees. Any such costs and expenses not paid <br /> within ten (10) days of written demand shall draw interest at the default rate <br /> provided in the Note. : <br /> 5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or <br /> interest therein, be taken or damaged by reason of any public improvement or <br /> condemnation proceeding, or in any other manner including deed in lieu of <br /> Condemnation ("Condemnation") , or should Trustor receive any notice or other <br /> information regarding such proceeding, Trustor shall give prompt written notice <br /> thereof to Beneficiary. Beneficiary shall be entitled to all compensation and <br /> condemnation awards and other payments or relief therefor, and shall be entitled <br /> to make any compromise or settlement in connection with such taking or damage. : <br /> All such compensation and condemnation, awards, damages, rights of action and <br /> proceeda awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary; : <br /> and Trustor agrees to execute such further assignments of the Proceeds as <br /> Beneficiary or Trustee may require. <br /> 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, <br /> by a written instrument executed and acknowledged by Beneficiary, mailed to <br /> Trustor and recorded in the County in which the Trust Estate is located and by : <br /> otherwise complying with the provisions of the applicable law of the State of <br /> Nebraska aubstitute a successor or successors to the Trustee named herein or <br /> acting hereunder. <br /> 7. SUCCESSORS AND ASSIGNS. This Deed of Trust appliea to, inures to the <br /> benefit of and binds all partiea hereto, their heirs, legatees, devisees, <br /> personal representatives, successors and assigns. The term "Beneficiary" shall <br /> mean the owner and holder of the Note, whether or not named as Beneficiary : <br /> herein. <br /> 8. INSPECTIONS. Beneficiary, or its agenta, representatives or workmen, <br /> are authorized to enter at any reasonable time upon or in any part of the Trust <br /> Estate for the purpose of inspecting the same and for the purpose of performing <br /> any of the acts it is authorized to perform under the terms of any of the Loan <br /> Instruments. <br /> 9. EVENTS OF DEFAULT. Any of the following events shall be deemed an <br /> event of default hereunder: <br /> (a) Truator shall have failed to make payment of any installment of <br /> interest, principal, or principal and interest or any other sum secured hereby : <br /> when due; or, <br /> (b) There has occurred a breach or default under any term, covenant, <br /> agreement, condition, provision, representation, or warranty contained in any of <br /> the Loan Instruments. <br /> 10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of <br /> default occur, Beneficiary may declare all indebtedness secured hereby to be due <br /> and payable, and the same shall thereupon become due and payable without any <br /> presentment, demand, protest, or notice of any kind. Thereafter the Beneficiary : <br /> may: : <br /> (a) Either in person or by agent, with or without bringing any action or <br /> proceeding, or by a receiver appointed by a Court and without regard to the <br /> adequacy of its security, enter upon and take possession of the Trust Estate, or <br /> any part thereof, in her own name or in the name of Trustee, and do any acts <br /> which ahe deems necessary or desirable to preserve the value, marketability or <br /> rentability of the Trust Estate, or part thereof or intereat therein, increase <br /> the income therefrom or protect the security hereof, and with or without taking <br /> possession of the Trust Estate, sue for or otherwise collect the rents, issues <br /> and profits thereof, including those past due and unpaid, and apply the same, <br /> less costs and expenses of operation and collection, including attorney's fees, <br /> upon any indebtedness secured hereby, all in such order as Beneficiary may , <br /> determine. The entering upon and taking possession of the Trust Estate, the <br /> collection of such rents, iesues and profits and the application thereof as <br /> aforesaid, shall not cure or waive any default or notice of default hereunder or <br />