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3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended <br />coverage insurance insuring the improvements and buildings constituting part of the Trust Estate for an <br />amount no less than the amount of the unpaid principal balance of the Note (co- insurance not exceeding <br />80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary <br />and shall not be cancelable, terminable or modifiable without ten (10) days prior written notice to <br />Beneficiary. Trustor's insurance company shall furnish Beneficiary copies of all statements /documents, <br />as well as a certificate of insurance coverage at Beneficiary's request, with a provision in such certificate <br />that the insurer shall provide Beneficiary ten (10) days advance notice of any cancellation of the policy at <br />any time for any reason, or of expiration of policy without renewal thereof. Trustor shall promptly repair, <br />maintain, and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the <br />Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all federal, <br />state, and local environmental laws, ordinances, rules, requirements, regulations, and publications as now <br />existing or hereafter existing, amended, supplemented, or supplanted relating to the preservation of the <br />environment or the regulation or control of toxic or hazardous substances or materials. Trustor hereby <br />warrants and represents to Beneficiary that there are no toxic or hazardous substances or materials on or <br />under the Property. Trustor does hereby indemnify and hold Beneficiary harmless and any successors to <br />Beneficiary's interest from and against any and all claims, damages, losses, and liabilities arising in <br />connection with the presence, use, disposal, or transport of any substance which is the subject of any <br />environmental law, regulation, or control of toxic or hazardous substances or materials on, under, from, or <br />about the Property. This indemnity shall survive reconveyance of the Property secured by this Trust <br />Deed. <br />5. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest <br />any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or <br />Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any <br />such 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, in its own discretion, without obligation so to do and without notice to or demand upon <br />Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and <br />to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately <br />upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection <br />with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of <br />title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten <br />(10) days of written demand shall draw interest at the default rate provided in the Note. <br />6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest <br />therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in <br />any other manner including deed in lieu of Condemnation ( "Condemnation "), or should Trustor receive <br />any notice or other information regarding such proceeding, Trustor shall give prompt written notice <br />thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or <br />relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name <br />any action or proceedings. Beneficiary shall also be entitled to make any compromise or settlement in <br />connection with such taking or damage. All such compensation, awards, damages, rights of action and <br />proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to <br />execute such further assignments of the Proceeds as Beneficiary or Trustee may require. <br />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's <br />option, prior to reconveyance of the Property to Trustor may make future advances to Trustor. Such <br />future advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by <br />promissory notes stating that said notes are secured hereby. <br />8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to <br />time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded <br />in the 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 herein <br />or acting hereunder. <br />9. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the <br />benefit of and binds all parties hereto, their heirs, legatees, divorcees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named <br />as Beneficiary herein. <br />10. INSPECTIONS. Beneficiary, or its agents may make reasonable entries upon <br />and inspections of the Property. Beneficiary shall give Trustor notice at the time of or prior to an <br />inspection specifying reasonable cause for the inspection. <br />I I . TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A <br />WAIVER. Extension of the time for payment or modification of amortization of the sums secured by this <br />Security Instrument granted by Beneficiary to any successor in interest of Trustor shall not operate to <br />release the liability of the original Trustor or Trustor's successors in interest. Beneficiary shall not be <br />required to commence proceedings against any successor in interest or refuse to extend time for payment <br />or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br />demand made by the original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary <br />in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />2 <br />201608880 <br />