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<br /> � � 99-
<br /> 104Q4'7
<br /> each year. Such insurance policy shall contain a standard mortgage clauae in
<br /> favor of Beneficiary and ahall not be cancelable, terminable, or modifiable
<br /> without ten (10) days prior written notice to Beneficiary. Truator shall
<br /> promptly repair, maintain and replace the Trust Estate or any part thereof so
<br /> that, except for ordinary wear and tear, the Trust Estate shall not deteriorate.
<br /> In no event ahall the Trustor commit waste on or to the Trust Estate.
<br /> in addition to casualty insurance, Truetor �hall provide and pay the
<br /> premiums on comprehensive liability insurance covering each premises and
<br /> protecting the Beneficiary and Trustor from all claims, demands, lawsuits, and
<br /> judgments ariaing out of injury to persons or damage to property occurring on
<br /> each property. The coverage shall be in an amount of not less than $300,000
<br /> aingle limit for bodily injury and property damage. The liability insurance and
<br /> casualty inaurance may be procured in a single policy or may be obtained in
<br /> separate policies. In any event, such policy or policies shall name Beneficiary
<br /> and Trustor as insureds as their intereste may appear, and Beneficiary ahall be
<br /> provided with a Certificate of Inaurance or duplicate copy showing the insurance
<br /> to be in full force and effect at all times during the term of this Deed of
<br /> Trust.
<br /> 4. ACTIONS AFFECTING TRUST ESTATE. Trustor ahall appear in and contest
<br /> any action or proceeding purporting to affect the security hereof or the rights
<br /> or powers of Beneficiary or Trustee, and ahall pay all coets and expenses,
<br /> including cost of evidence of title and attorney's fees, in any such action or
<br /> proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to
<br /> make any payment or to do any act as and in the manner provided in any of the
<br /> Loan Instruments, Beneficiary and/or Trustee, each in its own diacretion, without
<br /> obligation, may make or do the same in auch manner and to such extent as either
<br /> may deem necessary to protect the security hereof. Trustor shall, immediately
<br /> upon demand therefor by Beneficiary, pay all costs and expenses incurred by
<br /> Beneficiary in connection with the exercise by Beneficiary of the foregoing
<br /> rights, including, without limitation, costs of evidence of title, court costs,
<br /> appraisals, aurveys and attorney's fees. Any such costs and expenses not paid
<br /> within ten (10) days of written demand ahall draw interest at the default rate
<br /> provided in the Note.
<br /> 5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or
<br /> intereet therein, be taken or damaged by reason of any public improvement or
<br /> condemnation proceeding, or in any other manner including deed in lieu of
<br /> Condemnation ("Condemnation"), or should Trustor receive any notice or other
<br /> information regarding such proceeding, Trustor shall give prompt written notice
<br /> thereof to Beneficiary. Beneficiary shall be entitled to all compensation and
<br /> condemnation awards and other payments or relief therefor, and shall be.entitled
<br /> to make any compromise or settlement in connection with auch taking or damage.
<br /> All such compensation and condemnation, awarda, damages, righta of action and
<br /> proceeda awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary;
<br /> and Trustor agrees to execute such further assignments of the Proceeds as
<br /> Beneficiary or Trustee may require.
<br /> 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time,
<br /> by a written inatrument executed and acknowledged by Beneficiary, mailed to
<br /> Trustor and recorded in the County in which the Trust Estate is located and by
<br /> otherwise complying with the proviaions of the applicable law of the State of
<br /> Nebraska aubstitute a successor or successors to the Trustee named herein or
<br /> acting hereunder.
<br /> 7. SUCCESSORS AND ASSIGNS. This Deed of Truat applies to, inures to the
<br /> benefit of and binds all parties hereto, their heirs, legatees, devisees,
<br /> personal representatives, auccessors and assigns. The term "Beneficiary" shall
<br /> mean the owner and holder of the Note, whether or not named as Beneficiary
<br /> herein.
<br /> 8. INSPECTIONS. Beneficiary, or his agents, representatives or workmen,
<br /> are authorized to enter at any reasonable time upon or in any part of the Trust
<br /> Estate for the purpose of inspecting the same and for the purpose of performing
<br /> any of the acts it is authorized to perform under the terms of any of the Loan
<br /> Instruments.
<br /> 9. EVENTS OF DEFAULT. Any of the following events ahall be deemed an
<br /> event of default hereunder:
<br /> (a) Trustor ahall have failed to make -payment of any installment of
<br /> interest, principal, or principal and interest or any other sum secured hereby
<br /> 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 /> 10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDZES. Should an event of
<br /> default occur, Beneficiary may declare all indebtednesa aecured hereby to be due
<br /> and payable, and the same shall thereupon become due and payable without any
<br /> presentment, demand, protest, or notice of any kind. Thereafter the Beneficiary
<br /> may:
<br /> (a) Either in person or by agent, with or without bringing any action or
<br /> proceeding, or by a receiver appointed by a Court and without regard to the
<br />
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