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200041'722
<br />design or structural charter of any building or add any building within the
<br />security without the written consent of the Beneficiary.
<br />3.2 If the security or any part thereof is damaged by fire or other cause
<br />including condemnation, Trustor shall give immediate written notice of the
<br />event to the Beneficiary. Trustor shall use any proceeds of compensation for
<br />the damaged from the insurance, condemnation award or otherwise to restore or
<br />replace the proceeds to the Beneficiary at the option of the Beneficiary. If
<br />part of the security is damaged, the Trustor shall restore, repair, or alter
<br />the remaining property in a manner satisfactory of the Beneficiary.
<br />3.3 The Beneficiary or it's representative is hereby authorized to make or
<br />cause to be made reasonable entries upon and inspections of the premises.
<br />3.4 The Trustee shall promptly comply with all present and future laws,
<br />ordinances, rules and regulations of any governmental authority affecting the
<br />premises or any part thereof. This shall apply to any construction upon the
<br />premises as well as the operation of any business upon the premises.
<br />4. Insurance. Trustor shall keep the security insured against: (1) loss by
<br />perils covered by standard fire policy with standard extended coverage
<br />endorsement, in an amount equal to 100% of the full replacement value of the
<br />security without deduction for depreciation; (2) liability insurance for the
<br />benefit of the Beneficiary and Trustee to protect the Beneficiary and Trustee
<br />from any and all claims of personal injury or property damage arising from or
<br />out of the premises; and (3) other insurance normal and customary for owners
<br />and of similar property. Further, Beneficiary may require any other reasonable
<br />insurance to protect the security. All insurance shall be paid for by the
<br />Trustor, shall be in form and by company approved by the Beneficiary, shall
<br />insure the Beneficiary, Trustee and Trustor as their interests appear, and
<br />shall provide that the insurance company shall notify the Beneficiary in
<br />writing at least 30 days before any cancellation or termination becomes
<br />effective as to the Beneficiary.
<br />5. Taxes, Assessments, and charges. Trustor shall pay all taxes,
<br />Assessments, liens, and other charges including utility charges, which may
<br />affect the security as they are due and before they are delinquent. Upon
<br />request, Trustor shall show Beneficiary proof of payment. Trustor shall pay
<br />all taxes and Assessments which may be levied upon Beneficiary's interest
<br />herein or upon this Deed of Trust without regard to any law in effect or that
<br />may be enacted imposing payment of the whole or any part of therefore upon the
<br />Beneficiary.
<br />6. Condemnation. The proceeds of a condemnation award are hereby assigned and
<br />shall be paid to Lender and shall be applied to the sums secured by this Deed
<br />of Trust, whether or not then due, with any excess to be paid to Borrower.
<br />7. Additional Liens and Protection of Security and Subrogation. Beneficiary
<br />in sole discretion may make any payment, expend or advance any funds it deems
<br />necessary to protect the security of this Deed of Trust. Such payment,
<br />expenditures or advancements with shall become secured hereby.
<br />8. Default, Remedies, Acceleration, Sale. If the Trustor does not: (1)
<br />perform any of the covenants of the Deed of Trust; or (2) if the Beneficiary
<br />has to expend sums to protect the security, then Trustor has breached his
<br />agreement, is in default and the Beneficiary may declare default and may
<br />declare all sums secured hereby immediately due and payable and such sums
<br />immediately become due and payable without presentment, demand, protest, or
<br />notice, of any kind except as may be provided in the Deed of Trust Note and may
<br />invoke the power of sale and /or any other remedies permitted by applicable law
<br />including the right to foreclose this Deed of Trust in the manner provided by
<br />law for the foreclosure of mortgages on real estate. Beneficiary shall be
<br />entitled to collect all reasonable costs and expenses incurred in pursuing such
<br />remedies including, but not limited to, reasonable attorney's fees.
<br />A. If the power of sale is invoked, the Trustee shall proceed to sell the
<br />property complying with the Nebraska Trust Deeds Act in regard to notice, time,
<br />and manner of sale. The Trustee may sell the property in one or more parcels
<br />and in such order as the Trustee may designate, at public auction to the
<br />highest bidder, purchase price payable in cash or as otherwise suitable to the
<br />Trustee at the time of sale. The Trustee may postpone the sale from time to
<br />time. The Trustee shall execute and deliver to the purchaser a Trustee's deed
<br />conveying the property sold, but without any covenant or warranty, express or
<br />implied. The recitals in the deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any person, including without limitation,
<br />Beneficiary or Trustee, may purchase at the sale.
<br />B. When Trustee sells pursuant to the powers herein, Trustee shall apply the
<br />proceeds of the sale to the payment of the costs and expenses of exercising the
<br />power of sale and of the sale, including, without limitation, the payment of
<br />the Trustee's fees incurred. Trustee's fees hereunder shall be deemed
<br />reasonable if they are the greater of either the actual cost incurred by the
<br />Trustee's or _1% of the balance of the original amount secured hereby. After
<br />the payment of the Trustee's fees, if the sale is by a Trustee, or the proper
<br />court and other costs of foreclosure and sale pursuant to judicial foreclosure,
<br />the proceeds of the sale shall be applied in the order stated below to the
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