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2 <br />201407103 <br />shall promptly repair; maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear <br />and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust <br />Estate. The Trustor will make monthly installment payments approximating one- twelfth of the estimated yearly <br />insurance premium per month to the Beneficiary. The monthly insurance payments will be adjusted yearly to <br />reflect actual insurance billings, and if there is any shortage in the amounts paid by the Trustor relative to the <br />amounts actually owed for the insurance, the Beneficiary shall give the Trustor notice of the shortage and the <br />Trustor will have 30 days to make payment of the shortage to the Beneficiary. <br />D. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or <br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee and shall <br />pay all costs and expenses, 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 Trustor fail to make any payment or to do any <br />act as and in the manner provided in this document and any of the Loan Instruments, Beneficiary and /or <br />Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor <br />and without releasing Trustor from any obligation, may make or do the same in such mariner and to such extent <br />as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor <br />by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Benefi- <br />ciary of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, <br />surveys and attorney's fees. Any such costs, and expenses not paid within ten (10) days of written demand shall <br />draw interest at the default rate provided in the Note. <br />E. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of the Trust Estate, or part thereof, or for conveyance in lieu <br />of condemnation, are hereby assigned and shall be paid to Beneficiary. <br />In the event of a total taking of the Trust Estate, the proceeds shall be applied to the sums secured by this <br />Deed of Trust, with the excess, if any, paid to Trustor. In the event of a partial taking of the Trust Estate, unless <br />Trustor and Beneficiary otherwise agree in writing, there shall be applied to the sums secured by this Deed of <br />Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by <br />this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Trust Estate <br />immediately prior to the date of taking, 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 the <br />condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within <br />30 days after the date such notice is mailed, Beneficiary is authorized to collect and apply the proceeds, at <br />Beneficiary's option, either to restoration or repair of the Trust Estate or to the sums secured by this .Deed of <br />Trust. <br />Unless Beneficiary and Trustor otherwise agree in writing, any such application of proceeds to principal <br />shall not extend or postpone the due date of the installments referred to herein or change the amount of such <br />installments. <br />F. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written <br />instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which <br />the Trust Estate is located, and by otherwise complying with the provisions of the applicable law of the State of <br />Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder. <br />G. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of, and binds <br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors, and assigns. The term <br />"Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary herein. <br />H. INSPECTIONS. Beneficiary, or its agents, representatives, or workmen, are authorized to enter at <br />any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same and for the <br />purpose of performing any of the acts it is authorized to perform under the terms of any of the Loan Instru- <br />ments. <br />