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4. INSURANCE. Trustor, at its expense, will maintain with insurers approved by Beneficiary, insurance with respect to the <br /> Improvements and personal property, constituting the Propeny,against loss by fire, lightning,tornado, and other perils and hazards <br /> covered by standard extended coverage endorsement, in an arnount equal to at least one hundred percent of the full replacement <br /> value thereof and insurance egainst such other hazards and in�such amounts as is cusfomarily carried by owners and operators of <br /> similar properties or as Beneficiary may require for its protection.Trustor will comply with such other requirements as Beneficiary may <br /> from time to time request for the protection by insurance of the interests of.the respective parties.All insurance policies maintained <br /> : pursuant to this Deed of Trust shall name Trustor and Beneficiary as insureds,as their respectiVe interests may appear,and provide � <br /> that there shall be no cancellation or modification without no less than 15 days prior written notification to Trustee and Beneficiary.In � <br /> the event any policy hereunder is not renewed on or before 15 days prior to its i�xpiration'date,Trustee or Beneficiary may procure � <br /> such insurance in accordance with the provisions of paragraph A.6 hereof..Trustor shall deliver to Beneficiary the original policies of O <br /> insurance and renewals thereof or memo copies of such policies and renewals thereof. Failure to furnish such insurance by Trustor, � <br /> • or renewals as required hereunder shall,at the bption of Beneficiary,constitute a default. ` <br /> B <br /> 5. TAXES, ASSESSMENTS AND CHARGES. Trustor shali pay all taxes, assessments and other charges, including, without � <br /> limdation, fines and imposkions attributable to the Property, and leasehold payments or ground rents, if any, before the same � <br /> become delinquent. Trustor shall promptly furnish to Beneficiary all notices of amounts due under this paragraph, and in the event r <br /> Trustor shall make payment directly, Trustor shall promptly furnish to Beneficiary receipts evidencing such payments. Trustor shall <br /> pay all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of Trust without regard to <br /> any law that may be enacted imposing payment of the whole or any part thereof upon the Beneficiary. <br /> 6. ADDITIONAL LIENS AND PROTECTION OF BENEFICIARY'S SECURITY. Trustor shall make all payments of interest and <br /> principal and payments of any other charges, tees and expenses contracted to be paid to any existing lien holders or prior <br /> beneficiaries under any prior deed of trust or mortgage before the date they are delinquent and promptly pay and discharge any and <br /> all other liens,claims or charges which may jeopardize the security granted herein. If Trustor fails to make any such payment or fails <br /> to perform any of the covenants and agreements contained in this Deed of Trust, or in any prior mortgage or deed of trust, or if any <br /> action or proceeding is commenced which materially affects Beneficiary's interest in the Property, including, but not limited to, <br /> eminent domain proceedings,or proceedings involving a decedent,or if Trustor fails to pay Trustor's debts generally as they become <br /> due, then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and without releasing Trustor from any <br /> obligation hereunder, may make such appearances, disburse such sums and take such action as is necessary to protect <br /> Beneficiary's interest, including, but not limited to, disbursement of reasonable attorney's fees, payment, purchase, contest or <br /> compromise of any encumbrance, charge or lien, and entry upon the Property to make repairs. In the event that Trustor shall fail to <br /> procure insurance or to pay taxes,assessments,or any other charges or to make any payments to any existing prior lien holders or <br /> beneficiaries, Beneficiary may procure such insurance and make such payment.Any amounts disbursed by Beneficiary pursuant to <br /> this Paragraph A.6 shall become additional indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable <br /> upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the <br /> rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to <br /> applicable law, in which event such amounts shall bear interest at the highest rate permissible under appiicable law. Nothing <br /> contained in this Paragraph A.6 shall require Beneficiary to incur any expense or take any action hereunder. <br /> B. IT IS MUTUALLY AGREED THAT: <br /> 1. ASSIGNMENT OF RENTS. Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust <br /> to collect the rents,issues and profits of the Property and of any personal property located thereon with or without taking possession <br /> of the property affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to <br /> Beneficiary. Beneficiary, however, hereby consents to the Trustor's collection and retention of such rents, issues and profits as they <br /> accrue and become payable so long as Trustor is not,at such time, in default with respect to payment of any indebtedness secured <br /> hereby,or in the performance of any agreement hereunder. Upon any such default, Beneficiary may at any time,either in person,by <br /> agent, or by a receiver to be appointed by a court, without notice and without regard to the adequacy of any security for the <br /> indebtedness hereby secured, (a)enter upon and take possession of the Property or any part thereof,and in its own name sue for or <br /> otherwise collect such rents, issues and profits, including those past due and unpaid,and apply the same, less costs and expenses <br /> of operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such order as <br /> Beneficiary may determine; (b) perform such acts of repair or protection as may be necessary or proper to conserve the value of the <br /> Property; (c) lease the same or any part thereof for such rental, term, and upon such conditions as its judgment may dictate or <br /> terminate, or adjust the terms and conditions of existing leases. Unless Trustor and Beneficiary thereof agree otherwise in writing, <br /> any application of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the <br /> installment payments as provided in said promissory note or change the amount of such instaliments.The entering upon and <br /> taking possession of the Property,the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not <br /> waive or cure any default or notice of default hereunder or invalidate any act done pursuant to such notice.Trustor also assigns to <br /> Beneficiary, as further security for the performance of the obligations secured hereby, all prepaid rents and all monies which may <br /> have been or may hereafter be deposited with said Trustor by any lessee of the Property, to secure the payment of any rent or <br /> damages, or upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to <br /> Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occupying said premises <br /> shall be sufficient to require said tenant to pay rent to the Beneficiary until further notice. <br /> 2. CONDEMNATION. If title to any part of the Property shall be taken in condemnation proceedings,by right of eminent domain <br /> or similar action,or shall be sold under threat of condemnation,all awards,damages and proceeds are hereby assigned and shall be <br /> paid to Beneficiary who shall apply such awards,damages and proceeds to the sum secured by this Deed of Trust,with the excess, <br /> if any, paid to Trustor. If Trustor receives any notice or other information regarding such actions or proceedings, Trustor shall give <br /> prompt written notice thereof to Beneficiary. Beneficiary shall be entitled, at its option,to commence, appear in and prosecute in its <br /> own name any such action or proceedings and shall be entitled to make any compromise or settlement in connection with any such <br /> action or proceedings. <br /> 3. FUTURE ADVANCES, Upon request of Trustor, Beneficiary at Beneficiary's option, prior to reconveyance of the Property to <br /> Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Trust Deed <br /> when evidenced by promissory notes stating that said notes are secured hereby;provided that at no time shall the secured principal, <br /> future advances, not including sums advanced to protect the security, exceed Two Hundred percent (200%)of the original principal <br /> amounts secured hereby. <br /> 4. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and <br /> performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or <br /> under any other agreement executed in connection herewith or any laws now or hereaiter in force,notwithstanding some or all of the <br /> such indebtedness and obligations secured hereby may now or hereafter be othervvise secured,whether by mortgage,deed of trust, <br /> pledge, lien, assignment or othervvise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or <br /> pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's <br /> right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and <br /> Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by <br /> Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy <br /> herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law <br /> provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or <br /> hereafter existing at law or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Trustee or <br /> Beneficiary or to which either of them may be otherwise entitled, may be exercised,concurrently or independently,from time to time <br /> and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing <br /> herein shall be construed as prohibiting Beneficiary from seeking a deficiency iudgment against the Trustor to the extent such action <br /> is permitted by law. <br /> i 607671 Nebraska 007528.03 <br />