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200206963 <br />3. INS I RANEE AND REPAIRS Tmstor shall maintain fire and extended coverage insurance insuring <br />the impror emends and buildings constituting part of the Trust Estate for an amount no less than the amount of the <br />unpaid principal balance of the Note (co- insurance net exceeding 80% permitted)_ Such insurance policy shall <br />contain a standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable nr modifiable <br />without ten (10) days prior written notice to Beneficiary. Tmstor shall promptly repair, maintain and replace the <br />Trust Estate or any part thereof so that, except for ordinary wear and tear, tlrc Trust Estate shall not deteriorate. <br />I no recut shall the Tmstor commit waste on or to the Tor st Estate_ <br />4 ACTIONS AFFECTING TRUST ESTATE Tmstor shall appear in and contest any action or <br />Proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay <br />all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in <br />which Beneficiary or Trustee nary appear. Should Truster fail to make any payment or to do any act as and in the <br />manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its awn discretion, without <br />obligation so to do and without notice to or demand upon Tmstor and without releasing Tmstor from any obligation, <br />may make or do the same in such mammy mid to such extent as either may deem necessary to protect the security <br />hereof. Trusbor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by <br />Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs <br />of evidence of title, court costs, appraisals, surveys and attomcy's fees. Any such costs mid expenses not paid <br />within ten (10) days of written demand shall draw interest at the default rate provided in the Note_ <br />5. EMINENT DOMAIN, Should the Trust Estate, or any part thereof or immest therein, be taken or <br />damaged by reason of any public improvement or condemnation proceeding, or in any other manner including deed <br />in lieu of Condemnation ("Condenmalroni ), or should Tmstor receive any notice or other information regarding <br />such proceeding, Truster shall give prompt written notice thereof it) Beneficiary_ Beneficiary shall be entitled to all <br />compensation, awards and other payments or relief therefor, and shall be entitled at its option to commence, appear <br />in and prosecute in its own mmne any action or proceedings_ Beneficiary shall also be entitled to make any <br />compromise or settlement in connection with such taking or damage. All such compensation, awards, damages, right <br />of action and proceeds awarded to Truster (the "Proceeds ") no hereby assigned to Beneficiary and Truster agrees to <br />execute such further assignments of the Proceeds as Bcnefieiary or Trustee may require. <br />6. FUTURE ADVANCES, Upon request of Tmstor, Beneficiary, at Beneficiary's option, prior to <br />reconveyanee of the Property m Truster may make future advances to Truster _ Such future advances, with interest <br />thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating ❑tat said notes are <br />secured hcrebv. <br />APPOINTMENT OF SUCCESSOR TRUSTEE Beneficiary may, from time to time by a written <br />instrument executed and acknowledged by Beneficiary, mailed to Truster and Recorded in the County in which the <br />Trust Estate is located and by otherwise complying with the provisions of the applicable law of the State of <br />Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. <br />8. SUCCESSORS AND ASSIGNS ONS_ This Deed of Trust applies to, inures to the benefit of and hinds all <br />parties hereto, their heirs, legatees, divorcee, personal representatives, successors and assigns. The term <br />Beneficiary' shall mean the owner and holder of the Note, whether or not named as Beneficiary herein <br />9. INSPECTION, Beneficiary or its agent may make reasonable entries upon :red inspections of the <br />Property. Beneficiary shall give Trustee notice at the time of or prior to an inspection specifying reasonable cause <br />for the inspection. <br />10 . '1'RUSTOR NOT RELEASED FORBEARANCE BY BENEFICIARY NOT A WAIVER. Extension <br />