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202306039 <br />Trustor shall secure adequate property/casualty insurance coverage securing the property in an <br />adequate amount to cover the outstanding balance of the Note referenced herein. Trustor shall <br />provide Beneficiary with an annual declaration of insurance coverage naming the Beneficiary <br />primary loss payee. In the event that either real estate taxes or insurance coverage are not paid by <br />the Trustor, Beneficiary shall pay said costs at their sole discretion and the costs thereof shallbe <br />reimbursed in full by the Trustor. <br />3. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and <br />contest any action or proceeding purporting to affect the security hereof or the rights or powers <br />of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title <br />and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may <br />appear. Should 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 its own discretion, <br />without obligation, may make or do the same in such manner and to such extent as either may <br />deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefore <br />by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the <br />exercise by Beneficiary of the foregoing rights, including, without limitation, costs of evidence <br />of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not <br />paid within ten (10) days of written demand shall draw interest at the default rate provided in the <br />Note. <br />4. 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, <br />or in any other manner including deed in lieu of Condemnation ("Condemnation"), or should <br />Trustor receive any notice or other information regarding such proceeding, Trustor shall give <br />prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation <br />and condemnation awards and other payments or relief therefore, and shall be entitled to make <br />any compromise or settlement in connection with such taking or damage. All such <br />compensation and condemnation, awards, damages, rights of action and proceeds awarded to <br />Trustor (the "Proceeds") are hereby assigned to Beneficiary; and Trustor agrees to execute such <br />further assignments of the Proceeds as Beneficiary or Trustee may require. <br />5. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from <br />time to time, by a written instrument executed and acknowledged by Beneficiary, mailed to <br />Trustor and recorded in the County in which the Trust Estate is located and by otherwise <br />complying withthe provisions of the applicable law of the State of Nebraska, substitute a <br />successor or successorsto the Trustee named herein or acting hereunder. <br />6. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the <br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, <br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, <br />whether or not named as Beneficiary herein. <br />7. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are <br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for the purpose <br />of inspecting the same and for the purpose of performing any of the acts it is authorized to <br />perform under the terms of any of the Loan Instruments. <br />8. EVENTS OF DEFAULT. Any of the following events shall be deemed an <br />eventof default hereunder: <br />(a) Trustor shall have failed to make payment of any installment of interest, <br />principal, or principal and interest or any other sum secured hereby when due; or, <br />(b) There has occurred a breach or default under any term, covenant, <br />agreement, condition, provision, representation, or warranty contained in any of <br />the Loan Instruments. <br />Page 2 of 5 <br />