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201211202 <br /> All policies and certificates of insurance shall name Beneficiary as loss payee, and shall provide <br /> that the insurance cannot be terminated as to Beneficiary except upon a minimum of ten (10) <br /> days' prior written notice to Beneficiary. Immediately upon any request by Beneficiary, Trustor <br /> shall deliver to Beneficiary the original of all such policies or certificates, with receipts <br /> evidencing annual prepayment of the premiums. <br /> 4.6 Tax and Insurance Lnpounds. Tn the event of Default, at Beneficiary's option and <br /> upon its demand, Trustor shall, until all Secured Obligations have been paid in full, pay to <br /> Beneficiary monthly, annually or as otherwise directed by Beneficiary an amount estimated by <br /> Beneficiary to be equal to: (a) all taxes, assessments, levies and charges imposed by any public <br /> or quasi-public authority or utility company which are or may become a lien upon the Subject <br /> Property and will become due for the tax year during which such payment is so directed; and <br /> (b)premiums for fire, hazard and other insurance required hereunder next due. If Beneficiary <br /> determines that amounts paid by Trustor are insufficient for the payment in full of such taxes, <br /> assessments, levies and/or insurance premiums, Beneficiary shall notify Trustor of[he increased <br /> amount required for [he payment thereof when due, and Trustor shall pay to Beneficiary such <br /> additional amount within thirty (30) days afrer notice from Beneficiary. All amounts so paid <br /> shall not bear interest, except to the extent and in [he amount required by law. If a Default exists, <br /> Beneficiary at its sole option may apply all or any part of said amounts to any Secured <br /> Obligation and/or to cure such Default, in which event Trustor shall be required to restore all <br /> amounts so applied, as well as to cure any Default not cured by such application. Trustor hereby <br /> grants and transfers to Beneficiary a security interest in all amounts so paid and held in <br /> Beneficiary's possession, and all proceeds thereof, to secure the payment and performance of <br /> each Secured Obligation. Upon assignment of this Deed of Trust, Beneficiary shall have the <br /> right to assign all amounts collected and in its possession to its assignee, whereupon Beneficiary <br /> and Trustee shall be released from all liability with respect thereto. The existence of said <br /> impounds shall not limic Beneficiary's rights under any other provision of this Deed of Trust or <br /> any other agreement, statute or rule of law. Within ninety-five (95) days following full <br /> repayment of all Secured Obligations (other than as a consequence of a foreclosure or <br /> conveyance in lieu of foreclosure of the liens and security interests securing any Secured <br /> Obligation), or at such earlier time as Beneficiary in its discretion may elect, the balance of all <br /> amounts wllected and in Beneficiary's possession shall be paid to Trustor, and no other party <br /> shall have any right of claim thereto. <br /> 4.7 Dama�es• Insurance and Condemnation Proceeds. <br /> (a) (i)All awards of damages and all other compensation payable directly or <br /> indirectly by reason of a condemnation or proposed condemnation (or transfer in lieu thereo� for <br /> public or private use affecting the Subject Property; (ii) all other claims and awards for damages <br /> [o or decrease in value of the Subject Property; (iii) all proceeds of any insurance policies <br /> payable by reason of loss sustained to the Subject Properfy; and (iv) all interest which may <br /> accrue on any of the foregoing, are all absolutely and irrevocably assigned to and shall be paid to <br /> Beneficiary. At the absolute discretion of Beneficiary, whether or not its security is or may be <br /> impaired, but subject to applieable law if any, and without regard to any requirement contained <br /> in any other Section hereof, Beneficiary may apply all or any of the proceeds it receives to its <br /> expenses in settling, prosecuting or defending any such claim and apply the balance to the <br /> Secured Obligations in any order, and release all or any part of the proceeds to Trustor upon any <br /> conditions Beneficiary may impose. Beneficiary may commence, appear in, defend or prosecute <br /> any assigned claim or action, and may adjust, compromise, settle and collect all claims and <br /> awards assigned to Beneficiary; provided however, that in no event shall Beneficiary be <br /> responsible for any failure to collect any claim or award, regardless of the cause of the failure. <br /> Deed of Trust and Assignment of Rents and Leascs Page 6 <br /> Deed of Trust-Capital One,N.A._Lyne Renity,LP(Grand Island,NE) <br />