2
<br />2013O12
<br />C. INSURANCE AND REPAIRS. Trustor shall pay for and maintain either homeowners
<br />or fire and extended coverage insurance insuring the improvements and buildings constituting part
<br />of the Trust Estate for an amount no less than the amount of the unpaid principal balance of the Note
<br />(co- insurance not exceeding 80% permitted). Such insurance policy shall contain a standard
<br />mortgage clause in favor ofBeneficiary, and shall not be cancelable, terminable or modifiable without
<br />ten (10) days prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace
<br />the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall
<br />not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate.
<br />D. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any
<br />action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary
<br />or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's fees,
<br />in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail
<br />to make any payment or to do any act as and in the manner provided in any of the Loan Instruments,
<br />Beneficiary and/or Trustee, each in its own discretion, without obligation so to do and without notice
<br />to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the
<br />same in such manner and to such extent as either may deem necessary to protect the security hereof.
<br />Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred
<br />by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including
<br />without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any
<br />such costs, and expenses not paid within ten (10) days of written demand shall draw interest at the
<br />default rate provided in the Note.
<br />E. CONDEMNATION. The proceeds of any award or claim for damages, direct or
<br />consequential, in connection with any condemnation or other taking of the Trust Estate, or part
<br />thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to
<br />Beneficiary.
<br />In the event of a total taking of the Trust Estate, the proceeds shall be applied to the sums
<br />secured by this Deed of Trust, with the excess, if any, paid to Trustor. In the event of a partial taking
<br />of the Trust Estate, unless Trustor and Beneficiary otherwise agree in writing, there shall be applied
<br />to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that
<br />proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date
<br />of taking bears to the fair market value of the Trust Estate immediately prior to the date of taking,
<br />with the balance of the proceeds paid to Trustor.
<br />If the Trust Estate is abandoned by Trustor, or if, after notice by Beneficiary to Trustor that
<br />the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to
<br />Beneficiary within 30 days after the date such notice is mailed, Beneficiary is authorized to collect
<br />and apply the proceeds, at Beneficiary's option, either to restoration or repair of the Trust Estate or
<br />to the sums secured by this Deed of Trust.
<br />Unless Beneficiary and Trustor otherwise agree in writing, any such application of proceeds
<br />to principal shall not extend or postpone the due date of the installments referred to herein or change
<br />the amount of such installments.
<br />F. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by
<br />a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in
<br />the County in which the Trust Estate is located, and by otherwise complying with the provisions of
<br />the applicable law of the State ofNebraska, substitute a successor or successors to the Trustee named
<br />herein or acting hereunder.
<br />G. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of,
<br />and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors, and
<br />assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named
<br />as Beneficiary herein.
<br />H. INSPECTIONS. Beneficiary, or its agents, representatives, or workmen, are authorized
<br />to enter at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting
<br />the same and for the purpose of performing any of the acts it is authorized to perform under the terms
<br />of any of the Loan Instruments.
<br />I. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default
<br />hereunder:
<br />(1) Trustor shall have failed to make payment of any installment of interest, principal,
<br />or principal and interest or any sum secured hereby within fifteen (15) days of when due; or
<br />(2) There has occurred any other breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in any of the Loan Instruments
<br />which has not been cured within fifteen (15) days after mailing of written notice identifying such
<br />default.
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