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99 112286 <br /> 4. If Beneficiary determines that any part of the property is subject to a lien,which is or may attain priority over this security <br /> instrument but which should not have priority according to the loan agreement,Beneficiary may give Trustor a notice identifying <br /> the lien and Trustor shall satisfy the lien within ten(10)days. <br /> 5. Trustor shall keep the improvements on said premises insured against loss by fire and hazards included within the term"extended <br /> coverage"for their insurable value and policies for the same shall include a standazd mortgage clause showing Beneficiary herein. <br /> In event of loss, Beneficiary may make proof of loss if not promptly made by Trustor. Insurance proceeds shall be applied to <br /> restoration or repair of the property damages,unless both parties otherwise agree,except if restoration or repair is not economically <br /> feasible or Beneficiary's security is not lessened,otherwise said proceeds shall be paid on the debt herein. <br /> Unless Beneficiary and Trustor otherwise agree in writing,any payments or proceeds from insurance shall not extend or postpone <br /> the due date of the monthly payments provided in said note or change the amount of the payments. <br /> The note secured by this Deed of Trust shall,at the option of Beneficiary,be immediately due and payable upon the sale of the <br /> premises or any part thereof except as authorized by the loan agreement. And the sale of the premises without the written consent <br /> of Beneficiary shall be a default hereunder. <br /> 6. If Trustor fails to perform the covenants and agreements herein contained,Beneficiary may do and pay for whatever is necessary <br /> to protect the value of the property and Beneficiary's rights in the property,including the paying of any sum secured by a lien which <br /> has priority over this security instrument,appearing in Court,paying reasonable attorney fees and entering the property to make <br /> repairs. Any amount disbursed by Beneficiary under this paragraph,together with interest at the default rate set forth within the <br /> promissory note per annum from the date of disbursement, shall be secured by this instrument and shall be promptly repaid to <br /> Beneficiary. Failure to repay such disbursements upon demand shall be a default hereunder. <br /> 7. The proceeds of any condemnation award are hereby assigned and shatl be paid to Beneficiary and shall be applied to the sums <br /> secured by this security instrument,whether or not then due,with any excess paid to Trustor. <br /> 8. Any extensions or modifications of the loan granted by Beneficiary to any successor in interest of Trustor shall not operate to <br /> release the liability of the original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary in exercising any right <br /> or remedy shail not be a waiver of or preclude the exercise of any right or remedy. <br /> 9. Any notice to Trustor provided for in this security instrument shall be given by delivering it or by mailing it first class mail, <br /> unless Nebraska law requires use of another method,at the Trustor's last known address. <br /> 10. Trustor,Trustee and Beneficiary each request that copies of all notices provided herein be sent to them at the addresses set forth <br /> above. <br /> 11. This security instrument and the note which it secures shall be governed by Nebraska law. <br /> 12. If the Trustor does not: <br /> (1) Make payment acr.ording te the terms of the Note or any extensions,modifications or renewals thereof; <br /> (2) Make payment of any other indebtedness secured by the Deed of Trust; <br /> (3) Perform any of the covenants of the Note or Deed of Trust;or <br /> (4) If the Beneficiary has to expend sums to protect the security,then Trustor has breached this Agreement,is in default <br /> and the Beneficiary may declaze default and may declare all sums secured hereby immediately due and payable and such sums <br /> immediately become due and payable without presentment,demand,protest,or notice of any kind except as may be provided in the <br /> Deed of Trust. In addition,or in the alternative,Beneficiary may have the Trustee sell the property to satisfy the Trustor's obligation <br /> described herein. Trustee shall comply with the Nebraska Trust Deeds Act in such a sale to include filing of notice of default and <br /> mailing the same to the last known address of the Trustor. Trustor shall have the right to reinstate the obligations provided by <br /> Nebraska law. Beneficiary shall be entitled to collect all expenses incuned in pursuing the remedies provided in this paragraph <br /> including,but not limited to,reasonable attorney's fees,costs of title evidence and Trustee's fees. <br /> 13. If the power of sale is invoked,Trustee shall record a notice of default in each county in which any part of the property is <br /> located and shall mail copies of such notice in the manner prescribed by Nebraska law. Trustee shall give public notice of sale to <br /> the persons and in the manner prescribed by Nebraska law. Trustee,without demand on Trustor,shall sell the property at public <br /> auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and <br /> D:\WPDISKS\WPDATA�FRED\GIL12\GILI2deedofWSt.wpd � <br />. <br />