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99 110511
<br /> security without the written consent of the Beneficiary.
<br /> 3.2 If the security or any part thereof is damaged by fire or other cause
<br /> including condemnation, Trustor shall give immediate written notice of the
<br /> event to the Beneficiary. Trustor shall use any proceeds of compensation for
<br /> the damaged from the insurance, coridemnation award or otherwise to restore or
<br /> replace the proceeds to the Beneficiary at the option of the Beneficiary. If
<br /> part of the security is damaged, the Trustor shall restore, repair, or alter
<br /> the remaining property in a manner satisfactory of the Beneficiary.
<br /> 3.3 The Beneficiary or it's representative is hereby authorized to make or
<br /> cause to be made reasonable entries upon and inspections of the premises.
<br /> 3.4 The Trustee shall promptly comply with all present and future laws,
<br /> ordinances, rules and regulations of any governmental authority affecting the
<br /> premises or any part thereof. This shall apply to any construction upon the
<br /> premises as well as the operation of any business upon the premises.
<br /> 4. Insurance. Trustor shall keep the security insured against: (1) loss by
<br /> perils covered by standard fire policy with standard extended coverage
<br /> endorsement, in an amount equal to 100$ of the full replacement value of the
<br /> security without deduction for depreciation; (2) liability insurance for the
<br /> benefit of the Beneficiary and Trustee to protect the Beneficiary and Trustee
<br /> from any and all claims of personal injury or property damage arising from or
<br /> out of the premises; and (3) other insurance normal and customary for owners
<br /> and of similar property. E�rther, Beneficiary may require any other reasonable
<br /> insurance to protect the security. All insurance shall be paid for by the
<br /> Trustor, shall be in form and by company approved by the Beneficiary, shall
<br /> insure the Beneficiary, Trustee and Trustor as theis interests appear, and
<br /> shall provide that the insurance company shall notify the Beneficiary in
<br /> writing at least 30 days before any cancellation or termination becomes
<br /> effective as to the Beneficiary.
<br /> 5. Taxes, Assessments, and charges. Trustor shall pay all taxes,
<br /> Assessments, liens, and other charges including utility charges, which may
<br /> affect the security as they are due and before they are delinquent. Upon
<br /> request, Trustor shall show Beneficiary proof of payment. Trustor shall pay
<br /> all taxes and Assessments which may be levied upon Beneficiary's interest
<br /> herein or upon this Deed of Trust without regard to any law in effect or that
<br /> may be enacted imposing payment of the whole or any part of therefore upon the
<br /> Beneficiary.
<br /> 6. Condemnation. The proceeds of a condemnation award are hereby assigned and
<br /> shall be paid to Lender and shall be applied to the sums secured by this Deed
<br /> of Trust, whether or not then due, with any excess to be paid to Borrower.
<br /> 7. Additional Liens and Protection of Security and Subrogation. Bene�iciary
<br /> in sole discretion may make any payment, expend or advance any funds it deems
<br /> necessary to protect the security of this Deed of Trust. Such payment,
<br /> expenditures or advancements with shall become secured hereby.
<br /> 8. Default, Remedies, Acceleration, Sale. If the Trustor does not: (1)
<br /> perform any of the covenants of the Deed of Trust; or (2) if the Beneficiary
<br /> has to expend sums to protect the security, then Trustor has breached his
<br /> agreement, is in default and the Beneficiary may declare default and may
<br /> declare all sums secured hereby immediately due and payable and such sums
<br /> immediately become due and payable without presentment, demand, protest, or
<br /> notice, of any kind except as may be provided in the Deed of Trust Note and may
<br /> invoke the power of sale and/or any other remedies permitted by applicable law
<br /> including the right to foreclose this Deed of Trust in the manner provided by
<br /> law for the foreclosure of mortgages on real estate. Beneficiary shall be
<br /> entitled to collect all reasonable costs and expenses incurred in pursuing such
<br /> remedies including, but not limited to, reasonable attorney's fees.
<br /> A. If the power of sale is invoked, the Trustee shall proceed to sell the
<br /> property complying with the Nebraska Trust Deeds Act in regard to notice, time,
<br /> and manner o£ sale. The Trustee may sell the property in one or more parcels
<br /> and in such order as the Trustee may designate, at public auction to the
<br /> highest bidder, purchase price payable in cash or as otherwise suitable to the
<br /> Trustee at the time of sale. The Trustee may postpone the sale from time to
<br /> time. The Trustee shall execute and deliver to the purchaser a Trustee's deed
<br /> conveying the property sold, but without any covenant or warranty, express or
<br /> implied. The recitals in the deed of any matters or facts shall be conclusive
<br /> proof of the truthfulness thereof. Any person, including without limitation,
<br /> Beneficiary or Trustee, may purchase at the sale.
<br /> B. When Trustee sells pursuant to the powers herein, Trustee shall apply the
<br /> proceeds of the sale to the payment of the costs and expenses of exercising the
<br /> power of sale and of the sale, including, without limitation, the payment of
<br /> the Trustee's fees incurred. Trustee's fees hereunder shall be deemed
<br /> reasonable if they are the greater of either the actual cost incurred by the
<br /> Trustee's or 1� of the balance of the original amount secured hereby. After
<br /> the payment of the Trustee's fees, if the sale is by a Trustee, or the proper
<br /> court and other costs of foreclosure and sale pursuant to judicial foreclosure,
<br /> the proceeds of the sale shall be applied in the order stated below to the
<br /> payment of: (1) Attorney's fees and costs of collection; (2) Cost of any
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