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99 111619
<br /> 4. INSURANCE. Trustor, at its expense, will maintain with insurers approved by Beneficiary, insurance with respect to the
<br /> Improvements and personal property,constituting the Property, against loss by 5re, lightning,tornado,and other perils and hazards
<br /> covered by standard extended coverage endorsement, in an amount equal to at least one hundred percent of the full replacement
<br /> value thereof end insurance against such other hazards and in such amounts as is customarily carried by owners and operators of
<br /> similnr properties or as Beneficiary may require for its protection.Trustor will comply with such other requirements as Beneficiary may
<br /> from time to time request for the protection by insurance of the interests of the respedive parties.All insurance policies maintained
<br /> pursuant to this Deed of Trust shall name Trustor and Beneficiary as insureds,as their respective interests may appear,and provide
<br /> that there shall be no cancellation or modification without no less than 15 days prior written not�cation to Trustee and Beneficiary.In
<br /> the event any policy hereunder is not renewed on or betore 15 days prior to its expiration date,Trustee or Beneficiary may procure
<br /> such insurence in accordance wfth the provisions of paragraph A.6 hereof.Trustor shall deliver to Beneficiary the original policies of
<br /> insurance end renewals thereof or memo copies of such policies and renewals thereot.Failure to turnish such insurance by Trustor,
<br /> or renewals as required hereunder shall,at the option of Beneficiary,constitute a default.
<br /> 5. TAXES, ASSESSMENTS AND CHARGES. Trustor shall pay all taxes, assessments and other charges, including, wfthout
<br /> limitation, flnes end impositions attributable to the Property, and leasehold payments or ground rents, 'rf any, before the same
<br /> become delinquent.Trustor shall promptly furnish to Beneficiary all notices of amounts due under this paragraph,and in the event
<br /> Trustor shall make payment directly, Trustor shall promptly furnish to Beneflciary receipts evidencing such payments. Trustor shall
<br /> pay all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of Trust without regard to
<br /> any law that mey be enacted imposing payment of the whole or any part thereof upon the Beneficiary.
<br /> 6. ADDITIONAL LIENS AND PROTECTION OF BENEFICIARY'S SECURITY. Trustor shall make all payments of interest and
<br /> principal and payments of eny other charges, fees and expenses contracted to be paid to any existing lien holders or prior
<br /> beneficiaries under any prior deed of trust or mortgage before the date they are delinquent and promptly pay and discharge any and
<br /> all other liens,claima or cherges which may jeopardize the security granted herein.If Trustor fails to make any such payment or fails
<br /> to perform eny of the covenants and agreements contained in this Deed of Trust,or in any prior mortgage or deed ot trust,or'rf any
<br /> action or proceeding is commenced which materially affects Beneficiary's interest in the Property, including, but not limited to,
<br /> eminent domain proceedings,or proceedings invoNing a decedent,or rf Trustor fails to pay Trustor's debts generally es they become
<br /> due,then Beneficiary, at Beneficiary's option and without notice to or demand upon Trustor and without releasing Trustor irom any
<br /> obligation hereunder, may make such appearances, disburse such sums and take such action as is necessary to protect
<br /> Beneficiary's interest, including, but not limfted to, disbursement oi reasonable attorney's fees, payment, purchase, contest or
<br /> compromise of any encumbrance,charge or lien,and entry upon the Property to make repairs. In the event that Trustor shall fail to
<br /> prxure insurance or to pay taxes,assessments,or any other charges or to make any payments to any existing prior lien holders or
<br /> beneficiaries, Beneficiery may procure such insurance and make such payment.Any amounts disbursed by Beneficiary pursuant to
<br /> this Paregraph A.6 shall become additional indebtedness of Trustor secured by this Deed of Trust. Such amounts shall be payable
<br /> upon notice irom Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the
<br /> rate payable irom time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to
<br /> applicnble law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing
<br /> contained in this Paragraph A.6 shall require Beneficiary to incur any expense or take any action hereunder.
<br /> B. IT IS MUTUALLY AGREED THAT:
<br /> 1. ASSIGNMENT OF RENTS. Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust
<br /> to collect the rents,issues and profits of the Property and of any personal property located thereon with or without taking posseseion
<br /> of the property ai}ected hereby, and Trustor hereby absolutely and unconditionally assigns ell such rents, issues end profits to
<br /> Beneficiary. Beneflciary, however, hereby consents to the Trustor's collection and retention of such rents,issues and proflts as they
<br /> accrue and become payable so long as Trustor is not,at such time,in defauR with resped to payment of any indebtedness secured
<br /> hereby,or in the performance of any agreement hereunder.Upon any such defauR, Beneflciary mny at any time,either in person,by
<br /> agent, or by a receiver to be Appointed by a court, without notice and without regard to the adequacy of any security for the
<br /> indebtedness hereby secured, (aj enter upon and take possession of the Property or any part thereof,and in fts own name sue for or
<br /> otherwise collect such rents, issues and profits, including those past due and unpaid,and apply the same,less costs and expenses
<br /> of operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby, and in such order as
<br /> Beneflciary may determine; (b)perform such acts of repair or protection as may be necessary or proper to conserve the value of the
<br /> Property; (c) lease the snme or any part thereof for such rental, term, and upon such conditions as its judgment may dictate or
<br /> terminate, or edjust the terms and conditions ot existing leases. Unless Trustor and Beneficiary thereof agree otherwise in writing,
<br /> any application of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the
<br /> installment payments as provided in said promissory note or change the amount of such installments.The entering upon and
<br /> taking possession of the Property,the collection of such rents, issues and profits,and the application thereof es aforesaid, shall not
<br /> waive or cure eny defauh or notice of defauft hereunder or invalidate any act done pursuant to such notice.Trustor also assigns to
<br /> Beneficinry, as further security for the performance of the obligations secured hereby, all prepaid rents end ell monies which may
<br /> have been or may hereafter be deposited with said Trustor by any lessee of the Property, to secure the payment ot any rent or
<br /> damages, or upon defauR in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to
<br /> Beneficiary. Delivery of written notice of Beneflciary's exercise of the rights granted herein, to any tenant occupying said premises
<br /> shall be su�cient to require said tenant to pay rent to the Beneficiary until further notice.
<br /> 2. CONDEMNATION.If title to any part of the Property shall be taken in condemnation proceedings,by right of eminent domain
<br /> or similar action,or shall be sold under threat of condemnation,all awards,damages and proceeds are hereby assigned and shall be
<br /> paid to Beneflciary who shall apply such awards,damages and proceeds to the sum secured by this Deed of Trust,with the excess,
<br /> 'rf any, peid to Trus4or. If Trustor receives eny notice or other information regarding such actions or proceedings, Trustor shall give
<br /> prompt written notice thereof to Beneficiary. Beneficiary shall be entitled, at its option,to commence, appear in and prosecute in fts
<br /> own name any such action or proceedings and shall be entitled to make any compromise or settlement in connection with any such
<br /> action or proceedings.
<br /> 3. FUTURE ADVANCES. Upon request of Trustor, Beneficiary at Beneflciary's option, prior to reconveyance of the Property to
<br /> Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Trust Deed
<br /> when evidenced by promissory notes stating that said notes are secured hereby;provided that at no time shall the secured principal,
<br /> future advances, not including sums advanced to protect the security, exceed Two Hundred percent(200%)of the original principal
<br /> amounts secured hereby.
<br /> 4. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or
<br /> under any other agreement executed in connection herewith or any laws now or hereafter in force,notwfthstanding some or all of the
<br /> such indebtedness and obligations secured hereby may now or hereafter be otherwise secured,whether by mortgage,deed of trust,
<br /> pledge, lien, assignment or othervvise. Neither the ecceptance of this Deed of Trust nor its enforcement whether by court action or
<br /> pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's
<br /> right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and
<br /> Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by
<br /> Beneficiary or Truatee in such order and manner as they or either of them may in their absolute discretion determine. No remedy
<br /> herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law
<br /> provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy provided hereunder this Deed of Trust to Trustee or
<br /> Beneficisry or to which efther of them may be othervvise entitled,may be exercised,concurrently or independently,from time to time
<br /> and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies.Nothing
<br /> herein shall be construed as prohibiting Beneflciary from seeking a deficiency judgment against the Trustor to the extent such action
<br /> is permitted by law.
<br /> 607671 Nabraska 007528.03
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