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200207190 <br />the Improvements and buildings, if any, constituting part of the Trust estate for an amount no less than the <br />amount of the unpaid principal balance of the Note Co- insurance not exceeding 80% permitted). Such <br />Insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be cancellable, <br />terminable or modifiable without ten (10) days prior written notice to Beneficiary, Trustor shall promptly <br />repair, maintain and replace the Trust estate or any part thereof so that, except for ordinary wear and tear, <br />the Trust estate shall not deteriorate. In no event shall the Truster commit waste on or to the Trust estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Truster shall appear in and contest any action or proceeding <br />purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all <br />gists and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding <br />in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as <br />and in the manner provided in any of the Loan Instruments, Beneficiary and /or Trustee, each In Its own <br />discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing <br />Truster from any obligation, may make or do the same In such manner and to such extent as either may <br />deem necessary to protect the security hereof. Truster shall, immediately upon demand therefor by <br />Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by beneficiary <br />of the foregoing rights. Including without limitation costs of evidence of title, court casts, appraisals, s rveys <br />and attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shall <br />draw interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust estate, or any part thereof or interest therein, be taken or <br />damaged by reason of any public Improvement or condemnation proceeding, or In any other manner including <br />deed in lieu of Condemnation ( 'Condemnation "1, or should Truster re any notice or other information <br />regarding such proceeding, Truster shall give prompt written notice thereof to Beneficiary. Beneficiary shall <br />be entitled to all compensation, awards and other payments or relief therefor (to the limit of their interest <br />herein), and shall be entitled at Its option m commence, appear in and prosecute in Its own name any action <br />or proceedings. Beneficiary and Trustor shall also be entitled to make any compromise or settlement In <br />connection with such taking or damage. All such compensation, awards, damages, rights of action and <br />proceeds awarded to Trustor @he "Proceeds ") are hereby assigned to Beneficiary and Truster agrees to <br />execute such further assignments of the Proceeds as Beneficiary or Trustee may require. <br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by written <br />instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which <br />the Trust estate is located and by otherwise complying with the provisions of the applicable law of the State <br />of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder- <br />]. SUCCESSORS AND ASSIGNS, This Deed of Trust applies to, Inures to the benefit of and binds all <br />parties hereto, their heirs, legatees, devisees, 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 />8. INSPECTIONS. BeneficiarY, or Its agents, representatives or workmen, are authorized to enter at any <br />reasonable Limo upon or in any part of the Trust estate for the purpose of Inspecting the same and for the <br />purpose of performing any of the acts It is authorized to perform under the terms of the Login Instruments. <br />9. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A WAIVER. Extension of time <br />for payment or modification of amortization of the surns red by this Security Instrument granted by <br />Beneficiary to any successor m Interest of Trustor shall nor operate to release the liability of the original <br />Trustor or Truslor's successors in interest. Beneficiary shall not be required to commence proceedings <br />against any successor mn interest or refuse to extend time for payment or otherwise modify amortization of <br />the sums secured by this Security Instrument by reason of any demand made by the original Trustor or <br />Trustor's successors in interest Any forbearance by Beneficiary In exercising any right or remedy shall not <br />be a waiver of or preclude the exercise of any right or remedy. <br />10. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. If all or any part of the <br />Property or any interest in It is sold or transferred for If a beneficial interest in Trustor Is sold or transferred <br />and Trustor Is not a natural person) without Beneficiary 's prier written consent, Beneficiary may, at its option, <br />require immediate payment in full of all sums secured by this Security Instrument, however, this option shall <br />not bee cised by Beneficiary if exercise is prohibited by federal law as of the date of this Security <br />Instrument If Beneficiary exercises this option, Beneficiary shall give Trustor notice of acceleration. The <br />notice shall provide a period of not less than thirty SO days from the date the notice Is delivered or mailed <br />within which the Trustor most pay all sums secured by the Security Instrument. If Trustor fails to pay these <br />sums prior to the expiration of this period, Beneficiary may Invoke any remedies permitted by this Security <br />Instrument without further notice or demand on Trustor. <br />11. EVENTS OF DEFAULT. Any of the fallowing events shall be doemed an event of default hereunder <br />A. Trustor shall have failed to make payment of any installment of Interest, principal or principal <br />and Interest or any other sum secured hereby when due; or nonpayment of real estate taxes and <br />insurance (lf appropriate) when due; <br />B. There has occurred a breach of or default under any term, covenant, agreement, condition . <br />provision, representation or warranty contained In any of the Loan Instruments. <br />