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<br />receipt for a"' retain the proceeds. If the Trust Property is
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<br />aba.'ldoned by �ri:stor, or if, after notice by Beneficiary .to Trustor
<br />bydennor
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<br />that_oned
<br />offers to make an award or settle a claim for
<br />daaages,.Ttnctor fails to respond to Beneficiary within thirty (30)
<br />daw after the date such notice is mailed, Beneficiary is
<br />authorited to collect and apply the proceeds in the manner
<br />indicated herein,. The proceeds of any award or claim may, after
<br />deducting all reasonable costs and expenses, including attorneys'
<br />fees, which may have been incurred by Beneficiary in the collection
<br />thereof, at the sole discretion of Beneficiary, be released to
<br />Trustor, applied:to restoration of the Trust Property, or applied
<br />to the payment of the indebtedtess secured hereby. Unless
<br />Seaeticiary and Trustor otherwise agree in writing, any-such
<br />application of proceeds to indebtedness_shall;•.zmt extend or
<br />postpone the due date of the Note or the payment of any
<br />i"tailments called for thereunder.
<br />19. Security Agreenent and Fizture Filing. This Deed of
<br />Trust shall constitute a security agreement arrd,'fina.ncing statement
<br />(fixture filing) under the provisions of the Nebraska Uniform
<br />Commercial Code with respect to those fixtures described in the
<br />preambles hereof as constituting a part of the Trust Property,
<br />together.witT all substitutions and replacements therefor and all
<br />other property of Trustor, either similar or dissimilar to the.
<br />same-, now or hereafter located at or on the Trust Property,.
<br />tagatlzer with all proceeds thereof.
<br />20.' inspection. Trtastor shall permit seme.fictary, at all
<br />reasonable times, to inspect the Trust Property. Any inspection of
<br />the Trust Property by Beneficiary shall be entirely for its
<br />benefit, and Trustor shall in no way rely or claim reliance
<br />thereon.
<br />21. Hold Hareless. Trustor agrees to indemnify and hold
<br />Eeneficiary harmless from and against any action, proceeding, claim
<br />or lien (including, but not limited to, any ne-alianics' lien or
<br />other lien on account of.labor or materials furnished or work done .
<br />on the Trust Property) affecting,the Trust Property, the first lien
<br />priority of this Aced of Trust, or the-value af• the Trust Property,
<br />the Note or this Deed of Trust. This obligation to indemnify shall
<br />include payment by Trustor of all reasonable attorneys' fees and
<br />investigations costs of Eeneficiary and alL other reasonable costs,
<br />expenses and liabilities from the first notice of any such action,
<br />proceeding, claim or lien.
<br />22. Books and Records. Trustor shall maintain a full,
<br />complete, standard and modern system of accounting and books and
<br />records administered in accordance with sound principles of
<br />accounting and conforming to all applicable governmental
<br />requirements reflecting the results of the operations of each (in
<br />connection with its other operations as well as its operation of
<br />the Trust Property, or any part thereof), and shall set aside on
<br />its respective books such proper reserves for each fiscal year for
<br />depreciation, obsolescence, depletion and amortization and for
<br />other purposes as shall be required by sound principles of
<br />accounting, including specifically, accelerated depreciation
<br />claimed (but adjusted for any disallowance) or to be claimed for
<br />federal income tax purposes, and shall deliver to Beneficiary:
<br />(a) As soon as practicable after the end of its annual
<br />or semi-annual accounting periods, and in any event within sixty
<br />(60) days thereafter, (i) balance sheets as at the end of the
<br />period, and statements of income, expenses and surplus and
<br />unaudited but signed statements of assets, liabilities and nect
<br />worth of Trustor for such period and for the period from the
<br />beginning of its fiscal year to the end of such annual or semi --
<br />annual period, setting forth in each case, in comparative form, the
<br />figures for the
<br />corresponding periods of the previous fiscal year,
<br />all in reasonable detail and certified by Trustor to be complete
<br />and correct and prepared in accordance with accounting principles
<br />D: \LOANDOCtHEALTH.DbT
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<br />April lo, 1989 10
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