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..a <br />200410228 <br />3. Trustor shall pay all general real estate taxes and special assessments against the property before the same become <br />delinquent. <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, Beneficiary may give Trustor a notice identifying 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 <br />"extended coverage" for their insurable value and policies for the same shall include a standard mortgage clause showing Beneficiary <br />herein. In event of loss, Beneficiary may make proof of loss if not promptly made by Trustor. Except as provided in the Senior Loan <br />Documents, insurance proceeds shall be applied to restoration or repair of the property damaged, unless both parties otherwise agree, <br />except if restoration or repair is not economically feasible or Beneficiary's security is not lessened, otherwise said proceeds shall be <br />paid on the debt herein. <br />6. If Trustor fails to perform the covenants and agreements herein contained, Beneficiary may do and pay for whatever is <br />necessary to protect the value of the property and Beneficiary's rights in the property, including the paying of any sum secured by a <br />lien which has priority over this security instrument, appearing in Court, paying reasonable attorney fees and entering the property to <br />make repairs. Any amount disbursed by Beneficiary under this paragraph, together with interest at the default rate set forth within <br />the 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. Except as provided in the Senior Loan Documents, the proceeds of any condemnation award are hereby assigned and shall <br />be paid to Beneficiary and shall be applied to the sums secured by this security instrument, whether or not then due, with any excess <br />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 <br />to release the liability of the original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary in exercising any <br />right or remedy shall 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 <br />forth above. <br />IL 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 according to 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 <br />default and the Beneficiary may declare default and may declare all sums secured hereby immediately due and payable and such <br />sums immediately become due and payable without presentment, demand, protest, or notice of any kind except as may be provided in <br />the Deed of Trust. In addition, or in the alternative, Beneficiary may have the Trustee sell the property to satisfy the Trustor's <br />obligation described herein, subject to and in accordance with the powers of the Senior Loan Documents. Trustee shall comply with <br />the Nebraska Trust Deeds Act in such a sale to include filing of notice of default and mailing the same to the last known address of <br />the Trustor. Trustor shall have the right to reinstate the obligations provided by Nebraska law. Beneficiaries shall be entitled to <br />collect all reasonable expenses incurred in pursuing the remedies provided in this paragraph including, but not limited to, reasonable <br />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 in <br />any order Trustee determines. Trustee may postpone sale of all, or any parcel of, the property by public announcement at the time <br />and place of any previously scheduled sale. Beneficiary or its designee may purchase the property at any sale. <br />E <br />I <br />