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200204747 <br />course produced, a distance of 72.0 feet to a point of <br />curvature; thence northwesterly along the arc of a <br />curve whose radius is 331.88 feet (the initial tangent <br />of which coincides with the preceding course <br />produced), an arc distance of 121.53 feet to the <br />actual place of beginning (commonly known as 3205 <br />South Locust Street, Grand Island, Nebraska), <br />together with all improvements now or hereafter erected on such real estate, and all <br />easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and <br />profits, water rights, all profits and proceeds therefrom. The foregoing collectively <br />referred to in this Deed of Trust as the "Premises ". <br />Trustor covenants that Trustor is lawfully seised of Premises and has the right to <br />grant and convey Premises and that Premises is free from any encumbrances, except <br />for encumbrances of record. Trustor warrants and will defend title to Premises against <br />all lawful claims of any person. <br />Trustor and Beneficiary covenant and agree as follows: <br />1. Payment of Debt. Trustor shall pay when due the principal of, and interest on, <br />the debt evidenced by a promissory note from Summit Wood Apartments, L.P. in <br />the amount of One Million Eighty -six Thousand Three Hundred Sixty -eight <br />Dollars ($1,086,368.00) dated April 1 200 herein ferred to as the "Note "), <br />the last <br />installment of which is due ; i 'fenewaIs, extensions, <br />modifications or refinancing thereof and any promissory notes issued in <br />substitution thereof; and all other sums advanced by Beneficiary to protect the <br />Premises, with interest thereon at the default rate provided in the Note. The <br />foregoing collectively referred to in this Deed of Trust as the "Obligations ". <br />2. Taxes and Assessments. Trustor shall pay all real estate taxes, special <br />assessments and other charges levied or to be levied on the Premises, including <br />any tax levied on the debt secured hereby, when they become due and before <br />they become delinquent. <br />3. Insurance. Trustor shall maintain insurance on the Premises against loss by fire, <br />extended coverage peril and such other hazards as Beneficiary may from time to <br />time require, with the amount of the insurance equal to the balance of the <br />Obligations or the full replacement value of the improvements on the Premises, <br />whichever is less. <br />All insurance policies and renewals thereof maintained by Trustor shall be written <br />by an insurance carrier satisfactory to Beneficiary, contain a mortgage clause <br />providing loss payable to the parties as their respective interests may appear, <br />contain an agreement of the insurer that it will not amend, modify or cancel the <br />policy except after thirty (30) days prior written notice to Beneficiary, and be <br />reasonably satisfactory to Beneficiary in all other respects. <br />Trustor, upon the written request of Beneficiary, shall deliver to Beneficiary the <br />original policy(ies) evidencing the insurance required under this Deed of Trust. <br />At least ten (10) days prior to the expiration date of a required policy, Trustor <br />shall deliver to Beneficiary proof of a renewal policy(ies) satisfactory to <br />Beneficiary. <br />Trustor hereby assigns all insurance proceeds to Beneficiary and in case of loss <br />under any policy, Beneficiary is authorized to adjust, collect and compromise all <br />claims thereunder and Beneficiary, in its sole discretion, shall have the option of <br />applying all or part of the insurance proceeds, (i) to the Obligations, (ii) to be <br />used for the repair or restoration of the Premises, or (iii) for any other purpose or <br />object appropriate under this Deed of Trust without affecting the lien hereof for <br />the full amount secured hereby before such payment occurred. Any application <br />►) <br />