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200300520
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Last modified
10/15/2011 2:22:31 PM
Creation date
10/21/2005 3:52:27 PM
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DEEDS
Inst Number
200300520
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200300520 <br />proceedings. Beneficiary and Truster shall not make any compromise or settlement without the full <br />consent of the other. All such compensation, awards, damages, rights of action and proceeds <br />awarded (the "Proceeds ") are hereby sold, conveyed, transferred, and assigned to Beneficiary to the <br />extent of the outstanding Obligations, and Trustor agrees to execute such further assignments of the <br />Proceeds as Beneficiary or Trustee may reasonably require. <br />(b) In the event of a Condemnation, Beneficiary shall have the option, in its sole <br />and absolute discretion, to apply all the Proceeds, after deducting therefrom all actual costs and <br />expenses (regardless of the particular nature thereof and whether incurred with or without suit), <br />including attomeys' fees incurred by them in connection with such Condemnation, to any Obligation <br />and in such order as Beneficiary may determine, or to apply all such Proceeds, after such deductions, <br />to the restoration of the Trust Estate upon such conditions as Beneficiary may determine. Such <br />application or release shall not extend or postpone the due date of any payment due under the <br />Purchase Agreement, or cure or waive any Event of Default hereunder. If the Proceeds are applied to <br />the Obligations and exceed the amount of the Obligations and any expenses of Beneficiary described <br />above, the excess shall be paid to Trustor. <br />5. INSURANCE. <br />(a) Until the Obligations are fully repaid, Trustor shall maintain with insurers <br />admitted to do business in the State of Nebraska and otherwise reasonably acceptable to Beneficiary, <br />insurance with respect to the Trust Estate against loss by fire, theft, lightning, tornado, and other <br />perils and hazards covered by standard extended coverage endorsement in an amount equal to the full <br />replacement value (the "Insurance"). The Insurance policy maintained pursuant to this Deed of Trust <br />and all renewals thereof (the "Policy ") shall contain a standard noncontributory mortgagee clause in <br />favor of and in a form acceptable to Beneficiary endorsed as mortgagee and loss payee thereon, and <br />shall provide that there shall be no cancellation or modification thereof with less than thirty (30) <br />days' prior written notification to Beneficiary. All Policies shall also provide that any proceeds <br />thereunder shall be payable notwithstanding (a) any act, failure to act or negligence by any named <br />insured, (b) any foreclosure or other action or proceeding taken by Beneficiary pursuantto this Deed <br />of Trust, or (c) any change in title to or ownership of the Trust Estate. Trustor shall deliver a copy of <br />the Policy to Beneficiary within thirty (30) days of the date hereof and shall deliver a copy of any <br />renewals thereof received by Trustor during the Term hereof immediately upon receipt. <br />(b) After the occurrence of any casualty to the Trust Estate, Trustor shall give <br />prompt written notice thereof to the insurer and to Beneficiary. Trustor shall immediately file a <br />proof of claim of loss under the Insurance. Trustor shall collect and compromise all claims under the <br />Policy, and shall apply the Insurance proceeds, if any, to the following items in the following order, <br />provided no Event of Default has occurred and is continuing at the time Trustor receives the <br />Insurance proceeds- <br />(i) to the restoration of the Trust Estate, if Trustor can demonstrate that <br />the Insurance proceeds together with any funds Trustor may contribute are sufficient to repair and <br />restore the Trust Estate to its condition immediately prior to the casualty; <br />5 <br />
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