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<br />SEILER & PARKER <br />P.c., L.L.O. <br />LAW OFFICES <br />726 EAST SIDE BL YD. <br />P.O. BOX 1288 <br />HASTINGS, NE 68902 <br />(402) 463-3125 <br /> <br />200602541 <br /> <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage <br />insurance insuring the improvements and buildings constituting part of the Trust Estate for an <br />amount no less than the amount of the unpaid principal balance of the Note (co-insurance not <br />exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in <br />favor of Beneficiary and shall not be cancelable, terminable or modifiable without Ten (10) days <br />prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust <br />Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not <br />deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br /> <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any <br />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 to the extent allowed by law, in any such action, or proceeding in which <br />Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any acts <br />as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, <br />each in its own discretion, without obligation so to do and without notice to or demand upon <br />Trustor and without releasing Trustor from any obligation, may make or do the same in such <br />manner and to such extent as either may deem necessary to protect the security hereof. <br />Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses <br />incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, <br />including without limitation costs of evidence of title, court costs, appraisals, surveys and <br />attorney's fees. Any such costs and expenses not paid within Ten (10) days of written demand <br />shall draw interest at the default rate provided in the Note. <br /> <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, <br />be taken or damaged by reason of any public improvement or condemnation proceeding, or in <br />any other manner, including deed in lieu of condemnation ("Condemnation"), or should Trustor <br />receive any notice or other information regarding such proceeding, Trustor shall give prompt <br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards <br />and other payments or relief thereof, and shall be entitled at its option to commence, appear in <br />and prosecute in its own name any action or proceedings. Beneficiary shall also be entitled to <br />make any compromise or settlement in connection with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the <br />"Proceeds") are hereby assigned to Beneficiary and Trustor agrees to execute such further <br />assignments of the Proceeds as Beneficiary or Trustee may require. <br /> <br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, <br />by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and <br />recorded in the County in which the Trust Estate is located, and by otherwise complying with <br />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. <br /> <br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit <br />of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, <br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, <br />whether or not named as Beneficiary herein. <br /> <br />8. SALE OF SECURED PROPERTY. It is hereby agreed between the Beneficiary and <br />Trustor, in the event that the Trustor shall sell the property then the Deed of Trust and <br />Promissory Note shall become due and payable immediately. <br /> <br />9. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are <br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for the <br />purpose of inspecting the same and for the purpose of performing any of the acts it is <br />