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Instruments. " 200607227 TO PROTECT THE SECURITY OF THIS DEED OF TRUST: 1. Payment of Indebtedness: Covenant of Title. (a) Trustor shall pay when due the principal of, and the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. (b) Trustor hereby covenants with Beneficiary that Trustor is lawfully seized of the Property hereby conveyed, that Trustor warrants and will defend the title to the Property against the lawful claims of all persons whomsoever, that Trustor has the right to grant and convey the Property, and that the Property is unencumbered by any mortgage, trust deed, contract to purchase, or otherwise, except for a Deed of Trust in favor of Platte Valley State Bank, Kearney, Nebraska. Trustor further covenants to comply with all the terms and provisions of any prior mortgage, trust deed or contract to purchase, upon the Property and to make all payments thereon before they become delinquent. 2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter levied against the Trust Estate or any part thereot~ before delinquency, without notice or demand, and shall provide Beneficiary with evidence of the payment of same. Trustor shall pay all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of Trust or the debt secured hereby without regard to any law that may be enacted otfering payment of the whole or any part thereof upon the Beneficiary. Ifrequested by Beneficiary, and provided that the same are not being escrowed by a senior lien holder, Trustor shall include with each monthly installment under the Note an amount equal to one-twelfth (1/12) of the annual taxes levied and assessed against the Trust Estate, which amount shall be held in escrow by Beneficiary and applied to the payment of such taxes prior to delinquency. 3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than the full replacement value of such improvements and buildings. Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor conduct waste on or to the Trust Estate. 4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceed ing in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including, without limitation, costs of evidence oftitle, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the rate provided in the Note. 5. Eminent Domain. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner -2-