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201801260 <br /> 3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance <br /> insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than <br /> the amount of the unpaid principal balance of the Note(co-insurance not exceeding 80% permitted). <br /> Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be <br /> cancelable, terminable, or modifiable without ten (10)days prior written notice to Beneficiary. Trustor <br /> shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary <br /> wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to <br /> the Trust Estate. <br /> 4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or <br /> proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and <br /> shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action <br /> or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to <br /> do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, <br /> each in its own discretion, without obligation, may make or do the same in such manner and to such <br /> extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon <br /> demand therefore by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with <br /> the exercise by Beneficiary of the foregoing rights, including,without limitation, costs of evidence of title, <br /> 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 /> 5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken <br /> or damaged by reason of any public improvement or condemnation proceeding, or in any other manner <br /> including deed in lieu of Condemnation("Condemnation"),or should Trustor receive any notice or other <br /> information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. <br /> Beneficiary shall be entitled to all compensation awards and other payments or relief therefore, and shall <br /> be entitled to make any compromise or settlement in connection with such taking or damage. All such <br /> 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 <br /> as Beneficiary or Trustee may require. <br /> 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may,from time to time, by a <br /> written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the <br /> 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 <br /> herein or acting hereunder. <br /> 7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and <br /> binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and <br /> assigns. The term "Beneficiary"shall mean the owner and holder of the Note, whether or not named as <br /> Beneficiary herein. <br /> 8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to <br /> enter at any reasonable time upon or in any part of the Trustee Estate for the purpose of inspecting the <br /> same and for the purpose of performing any of the acts it is authorized to perform under the terms of any <br /> of the Loan Instruments. <br /> 9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default <br /> hereunder: <br /> (a) Trustor shall have failed to make payment of any installment of interest, principal, or principal <br /> and interest or any other sum secured hereby when due; or, <br /> (b) There has occurred a breach of default under any term, covenant, agreement, condition, <br /> provision, representation, or warranty contained in any of the Loan Instruments. <br /> 10. ACCELERATION UPON DEFAULT,ADDITIONAL REMEDIES. Should an event of default <br /> occur, Beneficiary may declare all indebtedness secured hereby to be due and payable, and the same <br /> shall thereupon become due and payable without any presentment, demand, protest, or notice of any <br /> kind. Thereafter the Beneficiary may: <br />