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2 <br />201602352 <br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest <br />thereon at the rate of two and one -half percent (2.5 %) per annum. <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 />H. TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />A. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in <br />the Loan Instruments. <br />B. TAXES. Trustor shall pay each installment of all taxes and special assessments of every <br />kind, now or hereafter levied against the Trust Estate or any part thereof, before delinquency, without <br />notice or demand, and shall supply Beneficiary with a copy of the receipt of payment upon written <br />request by the Beneficiary. <br />C. WASTE. Trustor shall promptly repair, maintain and replace the Trust Estate or any part <br />thereof so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event <br />shall the Trustor commit waste on or to the Trust Estate. <br />D. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any <br />action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary <br />or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, <br />in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail <br />to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, <br />Beneficiary and/or Trustee, each in its own discretion, without obligation so to do and without notice <br />to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the <br />same in such manner and to such extent as either may deem necessary to protect the security hereof. <br />Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred <br />by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including <br />without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any <br />such costs, and expenses not paid within ten (10) days of written demand shall draw interest at the <br />default rate provided in the Note. <br />E. CONDEMNATION. The proceeds of any award or claim for damages, direct or <br />consequential, in connection with any condemnation or other taking of the Trust Estate, or part <br />thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to <br />Beneficiary. <br />In the event of a total taking of the Trust Estate, the proceeds shall be applied to the sums <br />secured by this Deed of Trust, with the excess, if any, paid to Trustor. In the event of a partial taking <br />of the Trust Estate, unless Trustor and Beneficiary otherwise agree in writing, there shall be applied <br />to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that <br />proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date <br />of taking bears to the fair market value of the Trust Estate immediately prior to the date of taking, <br />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 <br />the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to <br />Beneficiary within 30 days after the date such notice is mailed, Beneficiary is authorized to collect <br />and apply the proceeds, at Beneficiary's option, either to restoration or repair of the Trust Estate or <br />to the sums secured by this Deed of Trust. <br />Unless Beneficiary and Trustor otherwise agree in writing, any such application of proceeds <br />to principal shall not extend or postpone the due date of the installments referred to herein or change <br />the amount of such installments. <br />F. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by <br />a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in <br />the County in which the Trust Estate is located, and by otherwise complying with the provisions of <br />the applicable law ofthe State ofNebraska, substitute a successor or successors to the Trustee named <br />herein or acting hereunder. <br />G. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of, <br />and 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 <br />as Beneficiary herein. <br />H. INSPECTIONS. Beneficiary, or its agents, representatives, or workmen, are authorized <br />to enter at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting <br />