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99 112032 <br /> 3. INSLiRANCE AND REPAIRS_ Trustor shall maintain fire and extended coverage insurance <br /> insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than <br /> the amount of the unpaid principal balance of the Note (co-insurance not exceeding 80% permitted). <br /> Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be <br /> cancelable, terminable, or modifiable without ten (10) days prior written notice to Beneficiary. Trustor <br /> shall promptly repair, 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 shall the Trustor commit waste <br /> on or to the Trust Estate. <br /> 4. A�TIONS AFFEGTING TRUST ESTATE Trustor shall appear in and contest any action or <br /> proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and <br /> shall pay all costs and 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 Trustor fail to make any <br /> payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary <br /> and/or Trustee, each in 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 hereof. Trustor shall, <br /> immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in <br /> connection with the exercise by Beneficiary of the foregoing rights, including, without limitation, costs of <br /> evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not <br /> paid within ten (10) days of written demand shall draw interest at the default rate provided in the Note. <br /> 5. F_MINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken <br /> or damaged by reason of any public improvement or condemnation proceeding, or in any other manner <br /> including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice or other <br /> information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. <br /> Beneficiary shall be entitled to all compensation awards and other payments or relief therefor, and shall <br /> be entitled to make any compromise or settlement in connection with such taking or damage. All such <br /> compensation, awards, damages, rights of action and proceeds awarded to Trustor(the "Proceeds") are <br /> hereby assigned to Beneficiary; and Trustor agrees to execute such further assignments of the Proceeds <br /> as Beneficiary or Trustee may require. <br /> 6. APPOINTMENT OF SUGGESSOR TRLISTEE Beneficiary may, from time to time, by a <br /> written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the <br /> County in which the Trust Estate is located and by otherwise complying with the provisions of the <br /> applicable law of the State of Nebraska substitute a successor or successors to the Trustee named <br /> herein or acting hereunder. <br /> 7. St i��F�SORS AND ASSIGNS This Deed of Trust applies to, inures to the benefit of and <br /> binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and <br /> assigns. The term "Beneficiary"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 workmen, are authorized to <br /> enter at any reasonable time upon or in any part of the Trustee Estate for the purpose of inspecting the <br /> same and for the purpose of performing any of the acts it is authorized to perform under the terms of any <br /> of the Loan Instruments. <br /> g, Fv NT OF FA T Any of the following events shall be deemed an event of default <br /> hereunder: <br /> (a) Trustor shall have failed to make payment of any installment of interest, principal, or <br /> principal and interest or any other sum secured hereby when due; or, <br /> (b) There has occurred a breach of default under any term, covenant, agreement, condition, <br /> provision, representation, or warranty contained in any of the Loan Instruments. <br /> 10. A��Fi FRATION UPON DEFAULT ADDITIONAL REMEDIES. Should an event of default <br /> occur, Beneficiary may declare all indebtedness secured hereby to be due and payable, and the same <br /> shall thereupon become due and payable without any presentment, demand, protest, or notice of any <br /> kind. Thereafter the Beneficiary may: <br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a <br /> receiver appointed by a Court and without regard to the adequacy of its security, enter upon and take <br /> possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do <br /> any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the <br /> Trust Estate, or part thereof or interest therein, increase the income therefrom or protect the security <br /> hereof, and with or without taking possession of the Trust Estate, sue for or otherwise collect the rents, <br /> , I <br />