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200001493
<br />3. INSURANCE AND REPAIRS_ Trustor shall maintain fire and extended coverage insurance
<br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than
<br />the amount of the unpaid principal balance of the Note (co- insurance not exceeding 80% permitted).
<br />Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be
<br />cancelable, terminable, or modifiable without ten (10) days prior written notice to Beneficiary. Trustor
<br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for
<br />ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste
<br />on or to the Trust Estate.
<br />4. 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
<br />shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such
<br />action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any
<br />payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary
<br />and /or Trustee, each in its own discretion, without obligation, may make or do the same in such manner
<br />and to such extent as either may deem necessary to protect the security hereof. Trustor shall,
<br />immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in
<br />connection with the exercise by Beneficiary of the foregoing rights, including, without limitation, costs of
<br />evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not
<br />paid within ten (10) days of written demand shall draw interest at the default rate provided in the Note.
<br />5. EMINENT DOMAIN_ Should the Trust Estate, or any part thereof or interest therein, be taken
<br />or damaged by reason of any public improvement or condemnation proceeding, or in any other manner
<br />including deed in lieu of Condemnation ( "Condemnation "), or should Trustor receive any notice or other
<br />information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary.
<br />Beneficiary shall be entitled to all compensation awards and other payments or relief therefor, and shall
<br />be entitled to make any compromise or settlement in connection with such taking or damage. All such
<br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds ") are
<br />hereby assigned to Beneficiary; and Trustor agrees to execute such further assignments of the Proceeds
<br />as Beneficiary or Trustee may require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a
<br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the
<br />County in which the Trust Estate is located and by otherwise complying with the provisions of the
<br />applicable law of the State of Nebraska substitute a successor or successors to the Trustee named
<br />herein or acting hereunder.
<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and
<br />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 as
<br />Beneficiary herein.
<br />8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to
<br />enter at any reasonable time upon or in any part of the Trustee Estate for the purpose of inspecting the
<br />same and for the purpose of performing any of the acts it is authorized to perform under the terms of any
<br />of the Loan Instruments.
<br />9. EVENTS OF DEFAULT_ Any of the following events shall be deemed an event of default
<br />hereunder:
<br />(a) Trustor shall have failed to make payment of any installment of interest, principal, or
<br />principal and interest or any other sum secured hereby when due; or,
<br />(b) There has occurred a breach of default under any term, covenant, agreement, condition,
<br />provision, representation, or warranty contained in any of the Loan Instruments.
<br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default
<br />occur, Beneficiary may declare all indebtedness secured hereby to be due and payable, and the same
<br />shall thereupon become due and payable without any presentment, demand, protest, or notice of any
<br />kind. Thereafter the Beneficiary may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a
<br />receiver appointed by a Court and without regard to the adequacy of its security, enter upon and take
<br />possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do
<br />any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the
<br />Trust Estate, or part thereof or interest therein, increase the income therefrom or protect the security
<br />hereof, and with or without taking possession of the Trust Estate, sue for or otherwise collect the rents,
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