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200410736 <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and <br />the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as <br />provided in the Loan Instruments. <br />2. REAL ESTATE TAXES. Trustor shall pay all real estate taxes as they become due <br />and provide proof of payment to the Beneficiaries. <br />3. INSURANCE AND REPAIRS. Upon closing, Trustor shall provide Beneficiaries <br />with a policy of fire and extended coverage insurance insuring the house and other building <br />constituting the trust estate, for an amount no less than the replacement value of the house <br />and buildings. <br />In addition to casualty insurance, Trustor shall, at closing, provide Beneficiaries with a <br />policy of comprehensive liability insurance covering the premises and protecting the <br />Beneficiaries and Trustor from all claims, demands, lawsuits, costs, and judgments out of <br />injury to persons or damage to property occurring on the premises. The coverage shall be in <br />an amount not less than $300,000.00 single limit for bodily injury and property damage. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any <br />action or proceeding purporting to affect the security hereof or the rights or powers of <br />Beneficiaries or Trustee, and shall pay all costs and expenses, including cost of evidence of <br />title and attorney's fees, in any such action or proceeding in which Beneficiaries or Trustee <br />may appear. Should Trustor fail to make any payment or to do any act as and in the manner <br />provided in any of the Loan Instruments, Beneficiaries and /or Trustee, each in its own <br />discretion, without obligation, may make or do the same in such manner and to such extent as <br />either may deem necessary to protect the security hereof. Trustor shall, immediately upon <br />demand therefor by Beneficiaries, pay all costs and expenses incurred by Beneficiaries in <br />connection with the exercise by Beneficiaries of the foregoing rights, including, without <br />limitation, costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any <br />such costs and expenses not paid within ten (10) days of written demand shall draw interest <br />at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest <br />therein, be taken or damaged by reason of any public improvement or condemnation <br />proceeding, or in any other manner including deed in lieu of Condemnation ( "Condemnation "), <br />or should Trustor receive any notice or other information regarding such proceeding, Trustor <br />shall give prompt written notice thereof to Beneficiaries. Beneficiaries shall be entitled to all <br />compensation and condemnation awards and other payments or relief therefor, and shall be <br />entitled to make any compromise or settlement in connection with such taking or damage. All <br />such compensation and condemnation, awards, damages, rights of action and proceeds <br />awarded to Trustor (the "Proceeds ") are hereby assigned to Beneficiaries; and Trustor agrees <br />to execute such further assignments of the Proceeds as Beneficiaries or Trustee may require. <br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiaries may, from time to <br />time, by a written instrument executed and acknowledged by Beneficiaries, mailed to Trustor <br />and recorded in the County in which the Trust Estate is located and by otherwise complying <br />with the provisions of the applicable law of the State of Nebraska substitute a successor or <br />successors to the Trustee named herein or acting hereunder. <br />7. PURCHASE MONEY TRUST DEED. This trust deed is a purchase money trust <br />deed. <br />8. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the <br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal <br />representatives, successors and assigns. The term "Beneficiaries" shall mean the owners <br />and holders of the Note, whether or not named as Beneficiaries herein. <br />9. INSPECTIONS. Beneficiaries, or their agents, representatives or workmen, are <br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for the <br />purpose of inspecting the same and for the purpose of performing any of the acts it is <br />authorized to perform under the terms of any of the Loan Instruments. <br />2 <br />