. ��_��sssz
<br /> insurance policy shall contain a standard mortgage clause in favor of Beneficiaries
<br /> and shall not be cancelable, terminable, or modifiable without ten (10) days prior
<br /> written notice to Beneficiaries. Trustora ahall promptly repair, maintain and
<br /> replace the Trust Estate or any part thereof so that, except for ordinary wear and
<br /> tear, the Trust Estate shall not deteriorate. In no event ehall the Trustors commit
<br /> waste on or to the Truat Estate.
<br /> In addition to casualty insurance, Trustors shall provide and pay the premiuma
<br /> on comprehensive liability insurance covering each premiaes and protecting the
<br /> Beneficiaries and Truators from all claims, demands, lawsuits, and judgments arising
<br /> out of injury to persons or damage to property occurring on each property. The
<br /> coverage shall be in an amount of not less than $300,000 single limit for bodily
<br /> injury and property damage. The liability insurance and casualty inaurance may be
<br /> procured in a single policy or may be obtained in separate policies. In any event,
<br /> such policy or policiea shall name Beneficiaries and Trustors as insureds as their
<br /> interests may appear, and Beneficiaries ahall be provided with a Certificate of
<br /> Insurance or duplicate copy ahowing the insurance to be in full force and effect at
<br /> all times during the term of this Deed of Trust.
<br /> 4. ACTIONS AFFECTING TRUST ESTATE. Trustors shall appear in and contest any
<br /> action or proceeding purporting to affect the security hereof or the rights or powers
<br /> of Beneficiariea or Trustee, and shall pay all coste and expenses, including coat of
<br /> evidence of title and attorney's fees, in any such action or proceeding in which
<br /> Beneficiariea or Trustee may appear. Should Trustors fail to make any payment or to
<br /> do any act as and in the manner provided in any of the Loan Instruments,
<br /> Beneficiaries and/or Trustee, each in its own discretion, without obligation, may
<br /> make or do the same in such manner and to such extent as either may deem necessary
<br /> to protect the security hereof. Trustors shall, immediately upon demand therefor by
<br /> Beneficiaries, pay all costs and expenaes incurred by Beneficiaries in connection
<br /> with the exercise by Beneficiaries of the foregoing rights, including, without
<br /> limitation, coats of evidence of title, court costs, appraisals, surveys and
<br /> attorney's fees. Any such costs and expenses not paid within ten (10) days of
<br /> written demand shall draw interest at the default rate provided in the Note.
<br /> 5. 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
<br /> proceeding, or in any other manner including deed in lieu of Condemnation
<br /> ("Condemnation") , or should Trustors receive any notice or other information
<br /> regarding such proceeding, Trustora shall give prompt written notice thereof to
<br /> Beneficiaries. Beneficiaries shall be entitled to all compensation and condemnation
<br /> awards and other payments or relief therefor, and shall be entitled to make any
<br /> compromise or settlement in connection with such taking or damage. All such
<br /> compensation and condemnation, awards, damages, rights of action and proceeds awarded
<br /> to Trustore (the "Proceeds") are hereby assigned to Beneficiariea; and Trustora agree
<br /> to execute such further assignments of the Proceeds as Beneficiariea or Truatee may
<br /> require.
<br /> 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiaries may, from time to time,
<br /> by a written instrument executed and acknowledged by Beneficiariee, mailed to
<br /> Trustors and recorded in the County in which the Trust Estate is located and by
<br /> otherwise complying with the provisions of the applicable law of the State of
<br /> Nebraeka substitute a succesaor or successors to the Trustee named herein or acting
<br /> hereunder.
<br /> 7. SUCCESSORS AND ASSIGNS. This Deed of Trust appliea to, inurea to the
<br /> benefit of and binda all parties hereto, their heirs, legatees, devisees, personal
<br /> representatives, successors and assigns. The term "Beneficiaries" ahall mean the
<br /> owner and holder of the Note, whether or not named as Beneficiaries herein.
<br /> 8. INSPECTIONS. Beneficiaries, or their 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 any
<br /> 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 shall be deemed an event
<br /> of default hereunder:
<br /> (a) Trustors shall have failed to make payment of any installment of intereat,
<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 the
<br /> Loan Instruments.
<br /> 10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default
<br /> occur, Beneficiariea may declare all indebtedness secured hereby to be due and
<br /> payable, and the same shall thereupon become due and payable without any presentment,
<br /> demand, protest, or notice of any kind. Thereafter the Beneficiaries may:
<br /> (a) Either in person or by aqent, with or without bringing any action or
<br /> proceeding, or by a receiver appointed by a Court and without regard to the adequacy
<br /> of ita security, enter ugon and take poeaseeion of the Truet Eetate, or any pnrt
<br /> thereof, in its own name or in the name of Trustee, and do any acts which it deems
<br />
|