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10 <br />87- 103979 <br />Deed has been granted for the purpose of securing the indebtedness and obligations <br />evidenced by the Note including any additional sums, with interest thereon, as may be <br />hereafter borrowed from the Lender, by the Borrower, as evidenced by subsequent <br />promissory notes, of either or both of the Trustors or the person named in this Trust. <br />Deed whose performance is secured by this Trust Deed, all of which will be secured by <br />this Trust Deed, unless otherwise specified. However, in no event, shall the total <br />amount secured hereby exceed the sum of $ 275.000.00 <br />5.Taxes and Insurance, Borrower will pay, before delinquency, all taxes and <br />assessments that may become liens against the real property. Borrower further agrees <br />to keep the property insured against loss, damage or fire with extended coverage to <br />the amount of the full insurable value on the replacement cost basis (or less in the <br />discretion of the Lender) with a Nebraska licensed insurance company. The policy shall <br />have such endorsements to provide that lass of such insurance shall be payable to <br />Lender. The Lender may require a policy evidencing this insurance and receipt for the <br />payments of the premiums. The policy shall contain a provision requiring 30 days or <br />more notice to Lender prior to cancellation or modification. Borrower shall give Lender <br />evidence of renewal of the policy with premiums paid, 30 days or more before <br />expiration. Borrower will not permit any condition to exist on the real property which <br />would invalidate any insurance thereon. Lender shall not by the fact of approving, <br />disapproving, accepting, preventing, obtaining or failing to obtain any such insurance, <br />incur any liability for the form or legal sufficiency of insurance contracts, solvency of <br />insurers, or payment of losses, and borrower hereby expressly assumes full responsihlity <br />therefor and any liability, if any, hereunder. <br />6.Maintenance of Property. Borrower shall keep the property in good repair and <br />shall not commit waste or deterioration. No improvements shall be removed or <br />structurally altered and no fixture which shall constitute an accessory to the property <br />shall be removed without Trustee's approval. Borrower shall not permit any lien of any <br />mechanic, materialman or any other statutory lien to attach to the property and shall <br />comply with all laws affecting the property. <br />7. Right of Entry. Lender, may at any time without notice to Borrower, enter <br />and inspect or protect the property in person or by it's agent, in any manner as may be <br />deemed reasonable and necessary to protect the value of the property. Lender may <br />undertake such repairs or maintenance as it deems necessary and the cost shall <br />immediately become due and payable to Lender and said amount shall be reimbursed in <br />the same manner as provided for insurance and taxes. The Lender shall not be deemed <br />to have waived its right to declare default under this Trust Deed for failure to <br />maintain the property correctly even though the Lender undertakes to perform such <br />repairs and maintenance. <br />8. Protection of Lender's Securit , If Borrower fails to perform the agreements <br />contained in Trust Deed or if any proceedings are commenced which materially <br />affect Lender's interest in the real property including but not limited to eminent <br />domain, bankruptcy, enforcement of statutory provisions or foreclosure of a prior <br />mortgage or Trust Deed, then the Lender, at it's option, upon such notice to Borrower <br />as may be required by law, may make such appearance, dispose of such sums and take <br />any action necessary to protect Lender's interest, including but not limited to, <br />disbursement of reasonable attorneys fees and entry on to the real property. In the <br />event of any default hereunder and whether or not an action is instituted to enforce <br />this Trust Deed or the Note, Borrower promises to pay to the Lender any reasonable <br />sum for costs incurred in good faith by Lender. The borrower shall be liable to Lender <br />for repayment of said amounts together with interest at the highest legal rate not to <br />exceed twenty (20) per cent. <br />9. No Waiver. Acceptance by Lender of any sums from Borrower or any other <br />person after t —fie is due shall not constitute a waiver of the right to require ful <br />payment or to declare default. The acceptance by Lender of any sum in an amount less <br />than the sum due shall be deemed an acceptance on account and shall not constitute a <br />waiver. <br />10. AM nment of Rents and Possession. In the event of default in the <br />performance of this Trust D , the Norte or any other instruments that relate to this <br />loan, the Lender shall be entitled to the immediate possession of the property together <br />with all the rents and income derived from the real property. The Lender has <br />etion to use the rents and profits for the purpose of paying any accounts <br />mentioned under this Trust Deed, if said accounts are not paid by Borrower. In the <br />event the Lender takes possession, it shall not be liable for failure to rcocure tenant, <br />or collect rents. Specifically, if Borrower defaults, Borrower assigns and transfers to <br />Lender all of the right, title and interest of the Borrower to the rents anO -vofat:s that <br />