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200204939
<br />and 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. Trustors shall pay the annual real estate taxes to the Hall
<br />County Treasurer before the taxes become delinquent and shall famish 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 Trustors shall make the annual payments
<br />before the same become delinquent and provide Beneficiary with a receipt for payment.
<br />3. INSURANCE AND REPAIRS. Upon dosing, Trustors shall provide Beneficiary
<br />with a Certificate of Insurance showing the building on the premises to be insured for fire and
<br />extended coverage in an amount equal to at least the replacement value. Trustors shall pay the
<br />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. Trustors shall promptly repair,
<br />maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and
<br />tear, the Trust Estate shall not deteriorate. In no event shall the Trustors commit waste on or
<br />to the Trust Estate.
<br />In addition to casualty insurance, Trustors shall provide and pay the premiums on
<br />comprehensive general liability insurance covering the premises and protecting the Beneficiary
<br />and'frusters from all claims, demands, lawsuits, andjudgments arising out of injury to persons
<br />or damage to property occurring on each property. The coverage shall be in an amount of at
<br />least $1,000,000.00 single limit, $1,000,000 aggregate for bodily injury and property damage.
<br />The liability insurance and casualty insurance may be procured in a single policy or may be
<br />obtained in separate policies. In any event, such policy or policies shall name Beneficiary as
<br />an additional insured, and Beneficiary shall be provided with a Certificate oiInsurance or
<br />duplicate copy containing a thirty (30) day cancellation notice to Beneficiary, showing the
<br />insurance to be in full force and effect at all times during the term of this Deed of Trust.
<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustors shall appear in and contest
<br />any 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 Trustors 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 as
<br />either may deem necessary to protect the security hereof. Trwtors 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 ten (10) days of written demand shall draw interest at
<br />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
<br />( "Condemnation "), or should Trustors receive any notice or other information regarding such
<br />proceeding, Trustors 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 Trustors (the "Proceeds ") are hereby assigned to Beneficiary;
<br />and Trustors agree to execute such further assignments of the Proceeds as Beneficiary or
<br />Trustee may require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to
<br />time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors
<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.
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