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20020'5'78 <br />3. If title to any part of the Trust Property shall be taken in condemnation proceedings, by right of <br />eminent domain or similar action, or shall be sold under threat of condemnation, all awards, damages and <br />proceeds are hereby assigned and shall be paid to Trustee who shall apply such amount to the prepayment of the <br />Note. <br />4. Trustor, at its expense, will maintain with insurers approved by Beneficiary insurance with <br />respect to the improvements and personal property constituting the Trust Property against loss by fire, lightening <br />and other perils covered by standard extended coverage endorsement, in an amount equal to at least one hundred <br />(100 %) percent of the full replacement value thereof; and insurance against such other hazards and in such <br />amount as is customarily carried by owners of similar properties and as Beneficiary may require for its protection. <br />Trustor will comply with such other requirements as Beneficiary may from time to time request for the protection <br />by insurance of the interest of the respective parties. All insurance policies maintained pursuant to this Deed of <br />Trust shall name Trustor, Trustee and Beneficiary as insureds, as their respective interests may appear, and shall <br />provide that there be no cancellation or modification without fifteen (15) days prior written notification to Trustee <br />and Beneficiary. In the event any policy hereunder is not renewed on or before fifteen (15) days prior to its <br />expiration date, Trustee or Beneficiary may procure such insurance, pay the premiums therefor, and such sums <br />shall immediately become due and payable with interest at a rate of 14 % per annum until paid and shall be <br />secured by this Deed of Trust. Failure of Trustor to furnish proof of such insurance upon the request of <br />Beneficiary or Trustee shall, at the option of Beneficiary, constitute a default under this Deed of Trust. <br />5. In case of any damage to or destruction of the buildings, improvements or personal property <br />constituting part of the Trust Property, whether such loss is covered by insurance or otherwise, Trustor, at its sole <br />cost and expense, will promptly restore, repair, replace and rebuild the same as nearly as practicable to its <br />condition immediately prior to such damage or destruction or with such changes and alterations as do not <br />materially lessen the value and utility of such buildings, improvements and personalty from those existing <br />immediately prior to such damage or destruction. Trustor shall be entitled to reimbursement from the Trustee to <br />the extent of the net insurance proceeds received by Trustee, but only to the extent of the actual sum expended <br />under this provision. <br />6. Trustor will not commit any waste upon the Trust Property and will, at all times, maintain the <br />same in good operating order and condition and will make all repairs, renewals, replacements, additions and <br />improvements which are reasonably needful or desirable to such end. No building or improvement now or <br />hereafter erected upon the Trust Property shall be altered, removed or demolished without the prior written <br />consent of Beneficiary. <br />7. If, during the existence of this Trust, there shall be threatened, commenced or pending any suit <br />or action affecting any of the Trust Property, the title thereto or the priority of the lien of this Deed of Trust <br />thereon, or if any adverse claim for or against the Trust Property, or any part thereof be made or asserted, the <br />Trustee, Beneficiary, or both, may appear or intervene in any such suit or action, retain counsel therein and defend <br />the same, or otherwise take such action as they may deem advisable, and settle or compromise the same or the <br />adverse claim; and, in that regard and for any of such purposes, may pay and expend such sums of money as <br />Trustee or Beneficiary may deem advisable, which sums shall be deemed to have been advanced hereunder and <br />secured by this Deed of Trust. <br />8. Trustor hereby covenants, warrants and agrees with Beneficiary, its successors and assigns, that <br />Trustor owns the Trust Property free from any prior lien or encumbrance except those now of public record, that <br />this Deed of Trust is and will remain a valid and enforceable lien on the Trust Property, that Trustor will preserve <br />such title and will forever warrant and defend the same to the Beneficiary and will forever warrant and defend the <br />validity and priority of the lien hereof against the claim of all persons and parties whomsoever. Trustor will make <br />such further assurance or assurances to perfect its title to the Trust Property as may be reasonably required by <br />Beneficiary. Trustor hereby relinquishes all right of dower and homestead in and to the Trust Property. <br />9. Trustor will pay all taxes, assessments and other public charges upon the Trust Property before <br />the same by law become delinquent. Failure of Trustor to pay such taxes, assessments and other public charges <br />shall, at the option of Beneficiary, constitute a default under this Deed of Trust. <br />10. All payments made under the provisions of this Deed of Trust and of the Note which may be <br />construed as interest shall not, in the aggregate over the term hereof, exceed the rate that may be lawfully <br />contracted in writing in the State of Nebraska. <br />11. Trustor agrees that: <br />(a) The duties and obligations of Trustee shall be determined solely by the express <br />provisions of this Deed of Trust and the Trustee shall not be liable except for the performance of such <br />duties and obligations as are specifically set forth herein, and no implied covenants or obligations shall be <br />imposed upon Trustee; <br />E <br />