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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 Property, against loss by fire, lightning, tornado, and other perils and hazards <br />covered by standard extended coverage endorsement, in an amount equal to at least one hundred percent of the full replacement <br />value thereof and insurance against such other hazards and in such amounts as is customarily 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 />W4 pursuant to this Deed of Trust shall name Trustor and Beneficiary as insureds, as their respective interests may appear, and provide <br />Q 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 expiration 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 <br />C) insurance and renewals thereof or memo copies of such policies and renewals thereof. Failure to furnish such insurance by Trustor, <br />C12 or renewals as required hereunder shall, at the option of Beneficiary, constitute a default. <br />5. TAXES, ASSESSMENTS AND CHARGES. Trustor shall pay all taxes, assessments and other charges, including, without <br />limitation, fines and impositions 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 <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, fees 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 applicable 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 installments. 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 hereafter in force, notwithstanding some or all of the <br />such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, <br />pledge, lien, assignment or otherwise. 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 judgment against the Trustor to the extent such action <br />is permitted by law. <br />607671 Nebraska 007528.03 <br />