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200069898 <br />Nebraska by a policy containing a clause for loss payable to the Beneficiary and the Borrower as their <br />respective interests exist at the time of the loss and to provide evidence of payment of the premium of said <br />policy upon reasonable demand by the beneficiary. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to <br />restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's <br />security is not lessened, or the insurance proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. <br />If Borrower abandons the Property, or does not answer within thirty (30) days a notioe from Lender that <br />the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may <br />use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or <br />not then due. The thirty (30) day period will begin when the notice is given. <br />5, WASTE. That the Borrower shall not commit or suffer any waste of the property. <br />6. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />7. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of <br />condemnation, are hereby assigned and shall be paid to Lender. <br />8. BORROWER NOT RELEASED; FOREBEARANCE BY LENDER NOT A WAIVER. Extension <br />of the time for payment or modification of amortization of the sums secured by this Security Instrument granted <br />by Lender to Borrower or any successor in interest of Borrower shall not operate to release the liability of the <br />original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings <br />against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the <br />sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />Borrower's successors in interest. Any forebearance by Lender in exercising any right or remedy, shall not be a <br />waiver of or preclude the exercise of any right or remedy. <br />9. DEFAULT. That, if the Borrower defaults in any of the covenants or agreements contained herein or <br />in performance of the Promissory Note(s) secured hereby, then the Beneficiary may perform the same and that <br />all expenditures made by Beneficiary in so doing shall draw interest at the rate provided in the Promissory <br />Note(s) and shall be repayable by Borrower to Beneficiary and, together with interest and costs accruing <br />thereon, shall be secured by this Deed of Trust. <br />10.ACCELERATION UPON DEFAULT. If the Borrower defaults in the payment of any installment of <br />principal or interest due under said Promissory Note(s) or if the Borrower defaults in the performance of any <br />other covenant or agreement to be performed under said Promissory Note(s) or this Deed of Trust, or if a <br />trustee, receiver or liquidator of the Property or of Borrower shall be appointed, or any of the creditors of <br />Borrower shall file a petition in bankruptcy against Borrower, or for the reorganization of Borrower pursuant to <br />the Federal Bankruptcy Code or any similar law, whether federal or state, and if such order or petition shall not <br />be discharged or dismissed within thirty (30) days after the date on which such order or petition was filed. <br />Borrower shall file a petition pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or if <br />Borrower shall be ajudged a bankrupt, or be declared insolvent, or shall make an assignment for the benefit of <br />creditors, or shall admit in writing its inability to pay its debts as they become due, or shall consent to the <br />appointment of a receiver of all or any part of the property. <br />Upon the occurrence of any of the above described faults, or anytime thereafter, Beneficiary may, at its <br />option, declare all the indebtedness secured hereby immediately due and payable and the same shall bear <br />interest at the default rate, if any, set forth in the Note, or otherwise at the highest rate permitted by law, and, <br />irrespective of whether Beneficiary exercises said option, it may, at its option and in its sole discretion, without <br />any further notice or demand to or upon Trustor, do one or more of the following: (a) Beneficiary may enter <br />upon, take possession of, manage and operate the Property or any part thereof, make repairs and possession, in <br />its own name, sue for or otherwise collect and receive rents, issues and profits, including those past due and <br />unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney <br />fees and Beneficiary's costs, upon the indebtedness secured hereby and in such order as Beneficiary may <br />determine. The entering upon and taking possession of the Property, the collection of any rents, issues and <br />profits, and the application thereof as aforesaid, shall not cure or waive any default theretofore or thereafter <br />occurring, or affect any notice of default or notice of sale hereunder or invalidate any act done pursuant to any <br />such notice. Beneficiary may bring any action in any court of competent jurisdiction to foreclose this Deed of <br />Trust or enforce any of the covenants hereof and Beneficiary may elect to cause the Property or any part thereof <br />to be sold under the power of sale, and in such event, Beneficiary may elect to cause the Property or any part <br />thereof to be sold under the power of sale, and in such event, Beneficiary or Trustee shall give such notice of <br />default and notice of sale as may be then required by law. <br />11. POWER OF SALE. That the Borrower hereby confers upon the Trustee a power to sell the <br />property which the Trustee may exercise and under which the property may be sold in the manner provided by <br />law. At the option of the beneficiary, this Deed of Trust may be foreclosed in the manner provided by law for <br />the foreclosure of mortgage on real property. That, if a sale of the property by the Trustee is exercised under <br />