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<br />200800110 <br /> <br />3. INSURANCE AND REPAIRS Trustors shall maintain fire and extended coverage insurance <br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than <br />the amount of the unpaid principal balance of the Note (co-insurance not exceeding 80% permitted). <br />Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be <br />cancelable, terminable, or modifiable without ten (10) days prior written notice to Beneficiary. Trustors <br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary <br />wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustors commit waste on or to <br />the Trust Estate. <br /> <br />4. ACTIONS AFFFCTING TRlJST FSTATF Trustors shall appear in and contest any action or <br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and <br />shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action <br />or proceeding in which Beneficiary or Trustee may appear. Should Trustors fail to make any payment or <br />to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, <br />each in its own discretion, without obligation, may make or do the same in such manner and to such <br />extent as either may deem necessary to protect the security hereof. Trustors shall, immediately upon <br />demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the <br />exercise by Beneficiary of the foregoing rights, including, without limitation, costs of evidence of title, court <br />costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days <br />of written demand shall draw interest at the default rate provided in the Note. <br /> <br />5. EMINFNT DOMAIN Should the Trust Estate, or any part thereof or interest therein, be taken <br />or damaged by reason of any public improvement or condemnation proceeding, or in any other manner <br />including deed in lieu of Condemnation ("Condemnation"), or should Trustors receive any notice or other <br />information regarding such proceeding, Trustors shall give prompt written notice thereof to Beneficiary. <br />Beneficiary shall be entitled to all compensation awards and other payments or relief therefor, and shall be <br />entitled to 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 Trustors (the "Proceeds") are <br />hereby assigned to Beneficiary; and Trustors agree to execute such further assignments of the Proceeds <br />as Beneficiary or Trustee may require. <br /> <br />6. APPOINTMFNT OF Sl ICCFSSOR TRlJSTFF Beneficiary may, from time to time, by a <br />written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in the <br />County in which the Trust Estate is located and by otherwise complying with the provisions of the <br />applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein <br />or acting hereunder. <br /> <br />7. SUCCESSORS AND ASSIGNS This Deed of Trust applies to, inures to the benefit of and <br />binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. <br />The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary <br />herein. <br /> <br />8. INSPECTIONS Beneficiary, or its agents, representatives or workmen, are authorized to <br />enter at any reasonable time upon or in any part of the Trustee Estate for the purpose of inspecting the <br />same and for the purpose of performing any of the acts it is authorized to perform under the terms of any <br />of the Loan Instruments. <br /> <br />9. EVENTS OF DEFAULT Any of the following events shall be deemed an event of default <br />hereunder: <br /> <br />(a) Trustors 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, <br /> <br />(b) There has occurred a breach of default under any term, covenant, agreement, condition, <br />provision, representation, or warranty contained in any of the Loan Instruments. <br /> <br />10. ACCELERATION lJPON OFFAUL T, ADDITIONAL RFMFOIF:S Should an event of default <br />occur, Beneficiary may declare all indebtedness secured hereby to be due and payable, and the same <br />shall thereupon become due and payable without any presentment, demand, protest, or notice of any kind. <br />Thereafter the Beneficiary may: <br /> <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />appointed by a Court and without regard to the adequacy of its security, enter upon and take possession <br />of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which <br />it deems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or <br />part thereof or interest therein, increase the income therefrom or protect the security hereof, and with or <br />without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits <br />thereof, including those past due and unpaid, and apply the same, less costs and expenses of <br />operation and collection, including attorney's fees, upon any indebtedness secured hereby, all in such <br />order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate, the <br />collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive <br />