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. gg_ ����9s <br /> herein or upon this Deed of Trust or the debt aecured hereby, without regard <br /> to any law that may be enacted imposing payment of the whole or any part <br /> thereof upon the Beneficiary. <br /> 3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended <br /> coverage insurance insuring the improvementa and buildings constituting part <br /> of the Truat Estate for an amount no less than the amount of the unpaid <br /> principal balance of the Note (co-insurance not exceeding 80$ permitted) . <br /> Such insurance policy ahall contafn a standard mortgage clause in favor of <br /> Beneficiary and ahall not be cancelable, terminable, or modifiable without ten <br /> (10) days prior written notice to Beneficiary. Trustor shall promptly repair, <br /> maintain and replace the Trust Estate or any part thereof so that, except for <br /> ordinary wear and tear, the Trust Estate shall not deteriorate. In no event <br /> shall the Trustor commit waste on or to the Trust Estate. <br /> 4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest <br /> any action or proceeding purporting to affect the security hereof or the <br /> rights or powers of Beneficiary or Trustee, and shall pay all costs and <br /> expenses, including cost of evidence of title and attorney's fees, in any such <br /> action or proceeding in which Beneficiary or Trustee may appear. Should <br /> 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 <br /> its own discretion, without obligation, may make or do the same in such manner <br /> and to such extent as either may deem necessary to protect the security <br /> hereof. Trustor ahall, immediately upon demand therefor by Beneficiary, pay <br /> all costs and expenses incurred by Beneficiary in connection with the exercise <br /> by Beneficiary of the foregoing rights, including, without limitation, coats <br /> of evidence of title, court costs, appraisals, surveys and attorney's fees. <br /> Any such costs and expenaes not paid within ten (10) days of written demand <br /> ahall draw interest at the default rate provided in the Note. <br /> 5. EMINENT DOMAIN. Should the Trust Eetate, or any part thereof or <br /> interest 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 ahould Trustor receive any notice or other <br /> information regarding such proceeding, Trustor ahall give prompt written <br /> notice thereof to Beneficiary. Beneficiary shall be entitled to all <br /> compensation awards and other payments or relief therefor, and shall be <br /> entitled to make any compromise or settlement in connection with such taking <br /> or damage. All such compensation, awards, damages, rights of action and <br /> proceeds awarded to Trustor (the "Proceeds") are hereby assigned to <br /> Beneficiary; and Trustor agrees to execute such further asaignments of the <br /> Proceeds as Beneficiary or Trustee may require. <br /> 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to <br /> time, by a written inatrument executed and acknowledged by Beneficiary, mailed <br /> to Trustor and recorded in the County in which the Trust Eetate is located and <br /> by otherwise complying with the provisions of the applicable law of the State <br /> of Nebraska substitute a successor or successors to the Trustee named herein <br /> or acting hereunder. <br /> 7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to <br /> the benefit of and binds all parties hereto, their heirs, legatees, devisees, <br /> personal representatives, succeasors and assigns. The term "Beneficiary" <br /> shall mean the owner and holder of the Note, whether or not named as <br /> Beneficiary herein. <br /> 8. INSPECTIONS. Beneficiary, or its agents, representatives or <br /> workmen, are authorized to enter at any reasonable time upon or in any part of <br /> the Trustee Estate for the purpose of inspecting the same and for the purpose <br /> of performing any of the acts it is authorized to perform under the terms of <br /> any of the Loan Instruments. <br /> 9. EVENTS OF DEFAULT. Any of the following events shall be deemed an <br /> event of default hereunder: <br /> (a) Trustor shall 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 <br /> of the Loan Instruments. <br /> (c) If Trustor ahall sell, convey, transfer, or dispose of the real <br /> property described in the Note securing the debt evidenced by the Note, or any <br /> part of such property, or any interest therein, or agree so to do without the <br /> prior written consent of Beneficiary, Beneficiary shall have the right, at the <br /> option of Beneficiary, to declare the entire balance of the unpaid principal <br /> with unpaid interest due thereon immediately due and payable. Failure to <br /> exercise such option shall not constitute a waiver of the right to exercise it <br /> in the event of any subsequent default. <br /> 10. ACCELERATION UPON DEFAULT. ADDITIONAL REMEDIES. Should an event of <br /> default occur, Beneficiary may declare all indebtedness secured hereby to be <br /> due and payable, and the same shall thereupon become due and payable without <br /> � <br />