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200104731 <br />(a) Trustor shall pay when due the principal of, and the interest on, the indebtedness evidenced by the Note, <br />charges, fees and all other sums as provided in the Loan Instruments. <br />(b) Trustor hereby covenants with Beneficiary that Trustor is lawfully seized of the Property hereby conveyed, <br />that Trustor warrants and will defend the title to the Property against the lawful claims of all persons whomsoever, that <br />Trustor has the right to grant and convey the Property, and that the Property is unencumbered by any mortgage, trust deed, <br />contract to purchase, or otherwise. Trustor further covenants to comply with all the terms and provisions of any prior <br />mortgage, trust deed or contract to purchase, upon the Property and to make all payments thereon before they become <br />delinquent. If no name or amount is inserted in this paragraph, then Trustor covenants that there are no prior liens of any <br />kind upon the Property. <br />2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter <br />levied against the Trust Estate or any part thereof, before delinquency, without notice or demand, and shall provide <br />Beneficiary with evidence of the payment of same. Trustor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's interest herein or upon this Deed of Trust or the debt secured hereby without regard to any law that may be <br />enacted offering payment of the whole or any part thereof upon the Beneficiary. Trustor shall give written notice to <br />Beneficiary prior to the delinquency date that all such taxes have been paid in full. In the event that Trustor defaults in <br />making any such payment prior to delinquency, Beneficiary shall have the option to require Beneficiary to escrow taxes <br />in advance in 12 equal monthly installments. <br />3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting part of the Trust Estate for an amount no less than the replacement cost thereof. Such insurance <br />policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable <br />without ten (10) days prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust <br />Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall <br />the Trustor conduct waste on or to the Trust Estate. <br />4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee and shall pay all costs and expenses, including <br />cost of evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. <br />Should Trustor fail 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 to or demand upon <br />Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent <br />as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by <br />Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the <br />foregoing rights, including, without limitation, costs of evidence of title, court costs, appraisals, surveys and attorney's fees. <br />Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate provided <br />in the Note. <br />5. Eminent Domain. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason <br />of any public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condemnation <br />( "Condemnation "), or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give <br />prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments <br />or relief therefor and shall be entitled at its option to *commence, appear in and prosecute in its own name any action or <br />proceedings. Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or <br />damage. All such 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 as Beneficiary or <br />Trustee may require. <br />6. Appointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and recorded in the county in which the Trust Estate is located, and by <br />otherwise complying with the provisions of the applicable law of the State of Nebraska, substitute a successor or successors <br />to the Trustee named herein or acting hereunder. <br />-2- <br />