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b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest <br />thereon at the rate of 5.00% percent per annum, the default rate. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure <br />the payment and performance of any obligation secured hereby are referred to collectively as the <br />"Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />201306584 <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, <br />and the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as <br />provided in the Loan Instruments. <br />2. REAL ESTATE TAXES. Trustor shall pay the annual real estate taxes to the Hall <br />County Treasurer before the taxes become delinquent and shall furnish tax receipts to Beneficiary <br />on or before May 1st and September 1st each year. <br />3. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest <br />any action or proceeding purporting to affect the security hereof or the rights or powers of <br />Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title and <br />attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. <br />Should Trustor fail to make any payment or to do any act as and in the manner provided in any of <br />the Loan Instruments, Beneficiary and or Trustee, each in its own discretion, without obligation, <br />may make or do the same in such manner and to such extent as either may deem necessary to <br />protect the security hereof. Trustor shall, immediately upon demand therefore by Beneficiary, pay <br />all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of <br />the foregoing rights, including, without limitation, costs of evidence of title, court costs, <br />appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days <br />of written demand shall draw interest at the default rate provided in the Note. <br />4. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest <br />therein, be taken or damaged by reason of any public improvement or condemnation proceeding, <br />or in any other manner including deed in lieu of Condemnation ( "Condemnation "), or should <br />Trustor receive any notice or other information regarding such proceeding, Trustor shall give <br />prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation and <br />condemnation awards and other payments or relief therefore, and shall be entitled to make any <br />compromise or settlement in connection with such taking or damage. All such compensation and <br />condemnation, awards, damages, rights of action and proceeds awarded to Trustor (the <br />"Proceeds ") are hereby assigned to Beneficiary; and Trustor agrees to execute such further <br />assignments of the Proceeds as Beneficiary or Trustee may require. <br />5. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to <br />time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and <br />recorded in the County in which the Trust Estate is located and by otherwise complying with the <br />provisions of the applicable law of the State of Nebraska substitute a successor or successors to the <br />Trustee named herein or acting hereunder. <br />2 <br />