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<br />200700957 <br /> <br />2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now <br />or hereafter levied against the Trust Estate or any part thereof, before delinquency, without notice or demand, and <br />shall provide Beneficiary with evidence ofthe payment of same. Trustor shall pay all taxes and assessments which <br />may be levied upon Beneficiary's interest herein or upon this Deed of Trust or the debt secured hereby without <br />regard to any law that may be enacted offering payment of the whole or any part thereof upon the Beneficiary. <br />Trustor shall give written notice to Beneficiary prior to the delinquency date that all such taxes have been paid in <br />full. In the event that Trustor defaults in making any such payment prior to delinquency, Beneficiary shall have the <br />option to require Trustor to escrow taxes in advance in 12 equal monthly installments. <br /> <br />3. Insurance and Repairs. Trustor shall maintain fire and extended coverage irisurance insuring the <br />improvements 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 not exceeding 80% permitted) . Such insurance policy shall <br />contain a standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable <br />without ten (10) days prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the <br />Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no <br />event shall the Trustor conduct waste on or to the Trust Estate. <br /> <br />4. Actions Affecting Trust Estate. Trustor 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 costs and <br />expenses, including cost of evidence of title and attorney's fees, 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 act as and in the manner <br />provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its own discretion, without obligation <br />so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make <br />or do the same in such 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 incurred by Beneficiary <br />in connection with the exercise by Beneficiary of the foregoing rights, including, without limitation, costs of <br />evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within <br />ten (10) days of written demand 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, 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 ("Condemnation"), or should Trustor receive any notice or other information regarding <br />such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all <br />compensation, awards and other payments or relieftherefor and shall be entitled at its option to commence, appear <br />in and prosecute in its own name 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, <br />rights of action and proceeds awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary, and Trustor <br />agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. In the event any <br />portion of the Property is so taken or damaged, Beneficiary shall have the option, in their sole and absolute <br />discretion, to apply all such Proceeds, after deducting therefrom all costs and expenses incurred by it in connection <br />with such Proceeds, upon any indebtedness secured hereby and in such order as Beneficiary may determine, or to <br />apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as Beneficiary <br />may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of any <br />payments or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor. <br /> <br />6. Appointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument <br />executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the county in which the Trust Estate <br />is located, and by otherwise complying with the provisions of the applicable law of the State of Nebraska, substitute <br />a successor or 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 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 ofthe Note, whether or not named as Beneficiary herein. <br /> <br />8. Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any <br />reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same and for the purpose of <br />performing any ofthe acts it is authorized to perform under the terms of any ofthe Loan Instruments. <br /> <br />9. Events of Default. Any of the following events shall be deemed an event of default hereunder: <br /> <br />(a) Trustor shall have failed to make payment of any installment of principal or any other <br />sum secured hereby when due; or <br /> <br />(b) There has occurred a breach of or default under any term, covenant, agreement, <br />condition, provision, representation or warranty contained in any of the Loan Instruments; or <br /> <br />(c) Trustor shall sell or transfer all or any part of the Property or an interest therein without <br />Beneficiary's prior written consent, excluding (a) the creation ofa lien or encumbrance subordinate to this Deed of <br />Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or <br />less not containing an option to purchase. <br /> <br />10. Acceleration Upon Default, Additional Remedies. Should an event of default occur, Beneficiary <br />may declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and <br />payable without any presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may: <br />