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200304458
<br />2. RFA I Fq't A PF TAXES Trustor shall pay the annual real estate taxes to the Hall
<br />County Treasurer before the taxes become delinquent and shall furnish tax receipts to
<br />Beneficiary on or before May 1 and September 1 each year. in the event that special
<br />assessments are levied against the property, the Trustor shall make the annual payments
<br />before the same become delinquent and provide Beneficiary with a receipt for payment.
<br />3. 1Ng111?ANC'FANn RFPATRq Upon closing, Trustor shall provide Beneficiary
<br />with a Certificate of Insurance showing the building or buildings on the premises to be
<br />insured for fire and extended coverage in an amount of at least $30,000.00. Trustor shall pay
<br />the premiums for maintaining such policy and shall provide Beneficiary with evidence of
<br />insurance premium payments each year. Such insurance policy shall contain a standard
<br />mortgage clause in favor of Beneficiary and shall not be cancelable, terminable, or modifiable
<br />without thirty (30) days prior written notice to Beneficiary. Trustor shall promptly repair,
<br />maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear
<br />and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on
<br />or to the Trust Estate.
<br />In addition to casualty insurance, Trustor shall provide and pay the premiums on
<br />comprehensive general liability insm ante covering the premises and protecting the
<br />Beneficiary and Trustor from all claims, demands, lawsuits, and judgments arising out of
<br />injury to persons or damage to property occurring on each property. The coverage shall be in
<br />an amount of at least $1,000,000 single limit, $1,000,000 aggregate for bodily injury and
<br />property damage. The liability insurance and casualty insurance may be procured in a single
<br />policy or may be obtained in separate policies. In any event, such policy or policies shall
<br />name Beneficiary as an additional insured, and Beneficiary shall be provided with a
<br />Certificate of Insurance or duplicate copy containing a thirty (30) day cancellation notice to
<br />Beneficiary, showing the insurance to be in full force and effect at all times during the term of
<br />this Deed of Trust.
<br />4, AC'TIONq AF'FFC'TTNC: "tRT TST FCTATF Trustor shall appear in and contest any
<br />action or proceeding purporting to affect the security hereof or the rights or powers of
<br />Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title
<br />and attorney's fees, in any such action or proceeding in which Beneficiary or trustee may
<br />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, Beneficiary and /or'Trustee, each in its own
<br />discretion, without obligation, may make or do the same in such manner and to such extent
<br />as either may deem necessary to protect the security hereof. Trustor shall, immediately upon
<br />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
<br />limitation, costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any
<br />such costs and expenses not paid within five (5) days of written demand shall draw interest at
<br />the default rate provided in the Note.
<br />5. R,4l FivT� 'rlxl nnMATN 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
<br />( "Condemnation'), or should Trustor receive any notice or other information regarding such
<br />proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall
<br />be entitled to all compensation and condemnation awards and other payments or relief
<br />therefor, and shall be entitled to make any compromise or settlement in connection with such
<br />taking or damage. All such compensation and condemnation, awards, damages, rights of
<br />action and proceeds awarded to Trustor (the "Proceeds ") up to the amount of the unpaid
<br />balance of the Note are hereby assigned to Beneficiary; and Trustor agrees to execute such
<br />further assignments of the Proceeds as Beneficiary or Trustee may require.
<br />y, APPOINTMFN I OF el TCY FI;cnR TRT TSTFF Beneficiary may, from time to time,
<br />by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and
<br />recorded in the County in which the Trust Estate is located and by otherwise complying with
<br />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, SI 1C'C'Fggnrz4 AND AggiaraS This Deed of Trust applies to, inures to the benefit
<br />of and binds all parties hereto, their heirs, legatees, devisees, personal representatives,
<br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note,
<br />whether or not named as Beneficiary herein.
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