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200105234
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Last modified
10/14/2011 5:06:40 AM
Creation date
10/20/2005 8:55:36 PM
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DEEDS
Inst Number
200105234
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200105234 <br />the Trust Property is otherwise acquired by Beneficiary, Beneficiary shall apply, immediately <br />prior to the sale of the Trust Property or its acquisition by Beneficiary, any Funds held by <br />Beneficiary at the time of application as a credit against the Obligations. Until such time as <br />Beneficiary requests Trustor to make the payments to Beneficiary contemplated in this <br />paragraph 4, Trustor covenants and agrees to pay, before the same become delinquent, all <br />taxes, assessments, insurance premiums, ground rents, and all other charges whatsoever <br />levied upon or assessed, placed or made against the Trust Property. Trustor further agrees, <br />upon written request by Beneficiary, to promptly deliver to Beneficiary all receipts for the <br />payment of such charges. Trustor likewise agrees to pay all taxes, assessments and other <br />charges levied upon or assessed, placed or made against, or measured by, this Deed of Trust <br />or the recordation hereof. <br />5. Application of Payments. All payments received by Beneficiary as to any debt, <br />liability or obligation owed to Beneficiary by Trustor may be applied by Beneficiary to the <br />payment of the Obligations in any order or manner of application which Beneficiary, in its <br />absolute discretion, deems appropriate. <br />6. Charges; Liens. Except as may otherwise be permitted under this Deed of Trust <br />or under the Credit Agreement, Trustor will keep the Trust Property free from all liens and <br />encumbrances which in any way may, in the judgment of Beneficiary, have priority over, or <br />impair the security of, this Deed of Trust; provided, however, that Trustor need not discharge <br />any such lien so long as Trustor shall agree, in writing, to pay the obligation secured by such <br />lien in a manner acceptable to Beneficiary and shall in good faith contest such lien by <br />appropriate legal proceedings effective to prevent the enforcement of the lien or the loss of any <br />interest in or part of the Trust Property, and shall also give such reasonable security to <br />Beneficiary as may be demanded by Beneficiary to insure compliance therewith. Beneficiary <br />may in its sole discretion defend the lien of this Deed of Trust and all costs and attorneys' fees <br />incurred by Beneficiary in said defense shall be reimbursed by Trustor or added to the <br />Obligations. <br />7. Hazard Insurance. Trustor shall keep the buildings and other improvements now <br />existing or hereafter erected on the Trust Property insured by insurance carriers satisfactory to <br />Beneficiary against loss by fire, hazards included in the term "extended coverage" and such <br />other hazards, casualties and contingencies, as may be required by Beneficiary, in such <br />amounts and for such periods as may be required by Beneficiary. The policy of insurance shall <br />be in form acceptable to Beneficiary and shall not contain a defense based on coinsurance, and <br />shall contain the standard provision that no act of the Beneficiary or of the Beneficiary's agents <br />or representatives will render the policy void as to the Beneficiary or affect the Beneficiary's right <br />to recover in case of loss, and the policy or policies shall provide that the same may not be <br />canceled or modified without fifteen (15) days prior written notice to Beneficiary, and have loss <br />payable provisions in favor of and in form acceptable to Beneficiary. All premiums on insurance <br />policies shall be paid in the manner provided under paragraph 4 hereof, or, if not paid in such <br />manner, by Trustor making payment at least fifteen (15) days prior to the due date, directly to <br />the insurance carrier. Beneficiary shall have the right to hold the policies and renewals thereof <br />and Trustor shall promptly furnish to Beneficiary all renewal notices and all paid premium <br />receipts received by it. In no event shall Beneficiary or Trustee be held responsible for failure to <br />pay insurance premiums or for any loss or damage arising out of a defect in any policy or arising <br />out of any failure of any insurance company to pay for any loss or damage insured against or for <br />failure by Trustor to effect the insurance required hereunder. In the event of loss, Trustor shall <br />DOGS 146876.8 1582098 <br />Grand Island Page 4 of 15 <br />
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