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<br />88-'!'.t06959
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<br />the Trust Estate for an amount no less than the amount of the replacement valuo
<br />of the building. Such insurance policy shall contain s standard mortgage clause
<br />in favor of Beneficiary and shall not be cancellable, terminable, or modifiable
<br />without ten (10) days priC'r wr'.tten notice to Beneficiary. Trustor shall
<br />promptly repair, maintain and replace the Trust Estate or any part thereof so
<br />that,. except for ordinary wear and tear, the Trust Estate shall not deteriorate.
<br />In no event shall the Trustor commit waste on or to the Trust Estate.
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<br />In addition to casualty insurance,. Trustor shall provide and pay the
<br />premiums an comprehensive liability insurance covering the premises and
<br />protecting the Beneficiary and Trustor from all claims,. demands, lawsuits and
<br />judgments arising out of injury to persons or damage to property occurring on the
<br />property ~ The coverage shall be in an amount of not less than $300,000 single
<br />limit for bodily injury and property damage. The liability insurance and
<br />casualty insurance may be procured in a single policy or may be obtained in
<br />separate policies. In any event, such policy or policies shall name Beneficiary
<br />and Trustor as insureds as their interests may appear, and Beneficia-ry shall be
<br />provided with a Certificate of Insurance or duplicate copy showing the insurance
<br />to be in full force and effect at all times during the term of this Deed of
<br />Trust.
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<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
<br />powers of Beneficiary or Trustee, and shall pay all casts and expenses, including
<br />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
<br />payment or to do any act as and in the manner provided in any of the Loan
<br />Instruments, Beneficiary and/or Trustee, each in its awn discretion, without
<br />obligation, may make or do the same in such manner and to such extent as either
<br />may deem necessary to protect the security hereof. Trustor shall, immediately
<br />upon demand therefor by Beneficiary, pay all costs and expenses incurred by
<br />Beneficiary in connection with the exercise by Beneficiary of the foregoing
<br />rights, including, without limitation, costs of evidence of title, court costs,
<br />appraisals, surveys and attorney I s fees. Any such costs and expenses not paid
<br />within ten (10) days of written demand shall draw interest at the default rate
<br />provided in the Note.
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<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or
<br />interest therein, be taken or damaged by reason of any public improvement or
<br />condemnation proceeding, or in any other manner including deed in lieu of
<br />Condemnation ("Condemnation"),. or should Trustor receive any notice or other
<br />infonmation regarding such proceeding,. Trustor shall give prompt written notice
<br />thereof to Beneficiary. Beneficiary shall be entitled to all compensation awards
<br />and other payments or relief therefor, and shall be entitled to make any
<br />compromise or settlement in connection with such taking or damage. All such
<br />compensation,. awards, damages, rights of action and proceeds awarded to Trustor
<br />(the "Proceeds") are hereby assigned to Beneficiary; and Trustor agrees to
<br />execute such further assignments of the Proceeds as Beneficiary or Trustee may
<br />require.
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<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time,
<br />by a written instrument executed and acknowledged by Beneficiary, mailed to
<br />Trustor and recorded in the County in which the Trust Estate is located and by
<br />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
<br />acting hereunder.
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<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the
<br />benefit of and binds all parties hereto, their heirs, legatees, devisees,
<br />personal representatives, successors and assigns. The term "Beneficiary" shall
<br />mean the owner and holder of the Note, whether or not named as Beneficiary
<br />herein.
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<br />8. INSPECTIONS. Beneficiary,. or its agents,. representatives or worJanen,
<br />are authorized to enter at any reasonable time upon or in any part of the Trustee
<br />Estate for the purpose of inspecting the uame and for the purpose of performing
<br />any of the acts it is authorized to perform under the terms of any of the Loan
<br />Instruments.
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<br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event
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