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- 'tILSL' <br />1 1\ <br />r 1i=zi-4 <br />1 '� wl: +`.•:jf,:t •� S9 1 v,;.; ca 3F,"If�ffi�1��'} \4...� <br />I <br />90- 1,0c3.11 <br />2. TAXES. Truster shall pay each installment of all taxes and special <br />assessments of-every kind, now or hereafter levied, against the Trust Estate or <br />Any part hereof, before delinquency, without notice or demand, and shall <br />provide Beneficiary with evidence of the payment of same. Trustor shall pay <br />all taxes and assessments which may be levied upon Beneficiary's interest <br />herein or upon this Dead of Trust or the debt secured hereby, without regard <br />to any law that may be enacted imposing payment of the whole or any part <br />thereof upon the Beneficiary. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended <br />coverage insurance insuring the improvements and buildings constituting part <br />of the Trust Estate for an amount no leas than the amount of the unpaid <br />principal balance of the Note (co- insurance not exceeding 80% permitted). <br />Such insurance policy shall contain a standard mortgage clause in favor of <br />Beneficiary and shall not be cancellable, terminable, or modifiable without <br />ten (10) days prior written notice to Beneficiary. Trustor shall promptly <br />repair, maintain and replace the Trust Estate or any part thereof so that, <br />except for ordinary wear and tear, the Trust Estate shall not deteriorate. In <br />no event shall the Trustor commit waste on or to the Trust Estate. <br />In addit.or,. to e.. --ualty insurance, Trustor shall provide and pay the <br />premiums on comprehensive liability insurance covering the premises and <br />protecting the Beneficiary and Trustor from all claims, demands,, lawsuits, and <br />judgments arising out of injury to persons or damage to pro.-ertr^ occurring on <br />the property. The coverage shall be in an amount of not less than $300,000 <br />single limit for bodily injury and property damage. The ?ia iLity insurance <br />and casualty insurance may be procured in a single policy, ar rey be obtained <br />in separate policies. In any event, such policy or policies shall name <br />Beneficiary and Trustor as insureds as their interests way appear, and <br />Beneficiary shall be provided with a Certificate of Insurance or duplicate <br />copy showing the insurance to be in full force and effect at all times during <br />the term of this Deed of Trust. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest <br />any action or proceeding purporting to affect the security hereof or the <br />rights or powers of Beneficiary or Trustee, and shall pay all costs and <br />expenses, including cost of evidence of title and attorney's fees, in any such <br />action or proceeding in Wriah Beneficiary or Trustee rosy appear. Should <br />Trustor fail to make any payment or to do any act as and in the manner <br />provided in any of the Loan Instruments, Beneficiary and /or Trustee, each in <br />its own discretion, without obligation, may mako or do the s_1Q in sigh manner <br />and to such extent as either may deem necessary to protect the security <br />hereof. Trustor shall, immediately upon dented therefor by Beneficiary, pay <br />all costs and expenses incurred by Beneficiary-in connection with the exercise <br />by Beneficiary of the foregoing rights, including, without limitation, costs <br />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 de_*nand <br />.,shall draw interest at the default rate provided in the Note. <br />. 5_. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or <br />take <br />interest therein., be n or damaged by reason of any public improvement or <br />condemnation p=--,2eding, or in any other manner including deed in lieu of <br />Condemnation ( "Condemnation "), or should Trustor receive any notice or other <br />inforrmtion regarding such proceeding, Trustor shali'give prompt written <br />notice thereof to Beneficiary. Beneficiary sell be entitled to all <br />compensation awards and other payments or relief therefor, and shall be <br />entitled to make any compromise or settlement in connection with such taking <br />or damage. All such compensation, awards, damages, rights of action and- <br />proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to <br />Beneficiary; and Trustor agrees to execute such further assignments of #o- <br />Proceeds as Beneficiary or Trustee may require. <br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from tim to <br />time, by a written instrument executed and acknowledged by Beneficiary, ma -iled <br />to Trustor and rc= corded in the County in which the Trust Estate is located an$ <br />by otherwise ccssplying with the provisions of the applicable law of the State <br />of Nebraska substitute a. successor or successors to the Trustee named herein <br />or acting hereunder. <br />7. SUCCESSrTS AND ASSIGNS. This Deed of Trust applies to, inures, to <br />the benefit of and binds all parties hereto, their heirs, legatees, devisees, <br />personal representatives,, successors and assigns. The term "Beneficiary" <br />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 <br />workmen, are author zed to enter at any reasonable time upon or in any part of <br />the Trustee Estate for the purpose of inspecting the same and for the purpose <br />of performing any of the acts it is authorized to perform under the terms of <br />any of the Loan Instruments. <br />2 <br />