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201807171 <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments <br />of every kind, now or hereafter levied against the Trust Estate or any part thereof directly without notice or <br />demand as each installment comes due and shall provide the Beneficiary with evidence of the payment of <br />the same. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage <br />insurance insuring the improvements and buildings constituting part of the Trust Estate for an amount no less <br />than 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's <br />insurance company shall furnish Beneficiary copies of all statements/documents, as well as a certificate of <br />insurance coverage at Beneficiary's request, with a provision in such certificate that the insurer shall provide <br />Beneficiary ten (10) days advance notice of any cancellation of the policy at any time for any reason, or of <br />expiration of policy without renewal thereof. 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. <br />In no event shall the Trustor commit waste on or to the Trust Estate. <br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all federal, state, <br />and local environmental laws, ordinances, rules, requirements, regulations, and publications as now existing <br />or hereafter existing, amended, supplemented, or supplanted relating to the preservation of the environment <br />or the regulation or control of toxic or hazardous substances or materials. Trustor hereby warrants and <br />represents to Beneficiary that there are no toxic or hazardous substances or materials on or under the <br />Property. Trustor does hereby indemnify and hold Beneficiary harmless and any successors to Beneficiary's <br />interest from and against any and all claims, damages, losses, and liabilities arising in connection with the <br />presence, use, disposal, or transport of any substance which is the subject of any environmental law, <br />regulation, or control of toxic or hazardous substances or materials on, under, from, or about the Property. <br />This indemnity shall survive reconveyance of the Property secured by this Trust Deed. <br />5. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any <br />action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, <br />and 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, in its <br />own discretion, without obligation so to do and without notice to or demand upon Trustor and without <br />releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either <br />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 <br />Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, <br />appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written <br />demand shall draw interest at the default rate provided in the Note. <br />6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest <br />therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in any <br />other manner including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any <br />notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to <br />Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor, <br />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 <br />such taking or damage. All such compensation, awards, damages, rights of action and proceeds awarded to <br />Trustor (the "Proceeds") are hereby assigned to Beneficiary and Trustor agrees to execute such further <br />assignments of the Proceeds as Beneficiary or Trustee may require. <br />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's <br />option, prior to reconveyance of the Property to Trustor may make future advances to Trustor. Such future <br />advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes <br />stating that said notes are secured hereby. <br />8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to <br />time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded <br />in the 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 herein or <br />acting hereunder. <br />9. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit <br />of and binds all parties hereto, their heirs, legatees, divorcees, 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 />10. INSPECTIONS. Beneficiary, or its agents may make reasonable entries upon and <br />inspections of the Property. Beneficiary shall give Trustor notice at the time of or prior to an inspection <br />specifying reasonable cause for the inspection. <br />11. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A <br />WAIVER. Extension of the time for payment or modification of amortization of the sums secured by this <br />Security Instrument granted by Beneficiary to any successor in interest of Trustor shall not operate to release <br />the liability of the original Trustor or Trustor's successors in interest. Beneficiary shall not be required to <br />2 <br />