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202305686 <br />will not commit or permit waste, will not alter the design or structural character constituting any building <br />now or hereafter erected on or constituting the Trust Property without the prior written consent of <br />Beneficiary, will not do any act or thing which would unduly impair or depreciate the value of the Trust <br />Property and will not abandon the Trust Property. Trustor will not remove any fixtures constituting the <br />Trust Property unless the same are immediately replaced with like property subject to the lien and security <br />interest of this Deed of Trust and of at least equal value and utility. Trustor will comply with all present <br />and future ordinances, requirements, and regulations of any governmental body which are applicable to <br />the Trust Property and to the occupancy and use thereof.; <br />6. Protection of Security. If Trustor fails to perform any of the covenants and agreements <br />contained in this Deed of Trust and such failure continues for a period of ten (10) days after written notice <br />from Beneficiary to Trustor (except in the event of emergency in which case no notice need to be given to <br />Trustor), or if any action or proceeding is commenced which does or may adversely affect the Trust <br />Property or the interest of Trustor or Beneficiary therein or the title of Trustor thereto, including, but not <br />limited to, Trustor's failure to maintain hazard insurance or timely pay real estate taxes, then Beneficiary, <br />at its option, may perform such covenants and agreements, tender such payments, make such appearances, <br />defend against and investigate such action or proceeding and take such other action as Beneficiary deems <br />necessary to protect its interest including, but not limited to, disbursement of reasonable attorney fees and <br />entry upon the Trust Property to make repairs. Any amounts disbursed by Beneficiary pursuant to this <br />paragraph 7, with interest thereon at the rate of twelve percent (12%) per annum, shall constitute <br />Indebtedness of Trustor secured by this Deed of Trust and shall be due and payable by Trustor <br />immediately without reward, presentment, or protest. <br />7. Condemnation. The proceeds of any award or claim for damages, direct or <br />consequential, in connection with any condemnation or other taking of the Trust Property, or any part <br />thereof, or for conveyance in lieu of or in anticipation of condemnation, are hereby assigned to and shall <br />be paid to Beneficiary. Trustor will file and prosecute, in good faith and with due diligence, its claim for <br />any such award or payment and will cause the same to be collected and paid to Beneficiary, and, should it <br />fail to do so, Trustor irrevocably authorizes and empowers Beneficiary, in the name of Trustor or <br />otherwise, to file, prosecute, settle or compromise any such claim and to collect, receipt for and retain the <br />proceeds. <br />8. Corporate Existence. Trustor is a nonprofit corporation duly organized and existing <br />under the laws of the State of Nebraska. Trustor covenants that the execution and delivery of the Note, <br />this Deed of Trust, and all other documents, instruments, and agreements executed and delivered in <br />connection herewith have been duly authorized. <br />9. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising <br />any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or <br />preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes <br />or the discharge of liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to <br />accelerate the maturity of the Indebtedness. <br />10. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and <br />cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may <br />be exercised concurrently, independently or successively. <br />3076407v3 3 <br />