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5. In case of any damage to, or destruction of, the buildings, improvements or personal property constituting part <br />g of the Trust Property, whether such loss is covered by insurance or otherwise, Trustor, at its sole cost and expense, will <br />s promptly restore, repair, replace and rebuild the same as nearly as practicable to its condition immediately prior to such <br />damage or destructioa-or with such changes and alterations as Trustor may deem appropriate, provided such changes <br />and alterations do not materially lessen the value and utility of such buildings, improvements and personality frcm that <br />existing immediately prior to such damage or destruction. Trustor shall be entitled to reimbursement from the Trustee <br />to the extent of the net insurance proceeds received by Trustee, but only to the extent of the actual sum expended under <br />this provision. <br />6. If Trustor is a corporation, it will do all things necessary to preserve its corporate existence, rights and privi- <br />leges under the laws of the state of its incorporation. <br />7. Trustor will not commit any waste upon the Trust Property and will, at all times, maintain the same in good <br />operating order and condition and will make, from time to time, all repairs, renewals, replacements, additions and improve - <br />ments which are reasonably needful or desirable to such end. No building or improvement now or hereafter erected upon <br />the Trust Property shall be altered, removed or demolished without the prior written consent of Beneficiary. <br />9. If during the existence of this Trust, there shall be threatened, commenced or pending any suit or action affecting <br />any of the Trust Property, the title thereto or the priority of the lien of this Deed of Trust thereon, or if any adverse <br />claim for or against the Trust Property, or any part thereof, be made or asserted, the Trustee, Beneficiary, or both, may <br />appear or intervene in any such suit or action, retain counsel therein, and defend the same, or otherwise take such action <br />as they may deem advisable and settle or compromise the same or the adverse claim: and in that regard and for any of such <br />purposes may pay and expend such sums of money as Trustee or Beneficiary may deem advisable, which sums shall be <br />deemed to have been advanced and secured by this Deed o: Trust. <br />9. Trustor hereby covenants, warrants and agrees with beneficiary, its successors and assigns, that Trustor owns <br />the Trust Property free from any prior lien or encumbrance, that this Deed of Trust is and will remain a valid and enforce- <br />able first lien on the Trust Property, that Truster will preserve such title and will forever warrant and defend the same <br />to the Beneficiary and will forever warrant and defend the validity and priority of the lien hereof against the claim of all <br />persons and parties whomsoever. Trustor will make such further assurance or assurances to perfect its title to the Trust <br />Property as may be reasonably required by Beneficiary. Trustor hereby relinquishes all right of dower and homestead in <br />and to the Trust Property. <br />10. Trustor will pay all taxes, assessments and other public charges upon the Trust Property before the same by law <br />become delinquent and when any such taxes, assessments or public charges shall be levied upon the Note secured by <br />this Deed of Trust, or upon the Trustee of Beneficiary, or upon their successors or assigns, on account. of said debt on <br />the lien of this Deed of Trust (except income taxes) Trustor will pay such taxes, assessments or public charges prior to <br />the time the same shall, by law, become delinquent. <br />11. If Beneficiary -;hall so request, Trustor agrees that there shall be added to each periodic payment required to <br />be made hereunder an amount estimated by Trustee to he sufficient to enable Trustor to pay. at least 30 days before <br />delinquency, all taxes, assessments or other public charges against the Trust Property, the Note secured by this Deed of <br />Trust, or upon account of the debt or the lien of this Trust Deed, together with premiums for insurance required to be pro- <br />vided under this Deed of Trust and no interest shall be payable to Trustor in respect thereof. Upon demand by Trustee. <br />Trustor shall deliver to Trustee such additional sums of money as are necessary to make up any deficiency in the amounts <br />necessary to enable Trustee to pay any of the foregoing items. <br />12. Trustor, at its expense, will execute and deliver to the Trustee. promptly upon demand, such security instru- <br />ments as may be required by Trustee, in form and substance satisfactory to Trustee, covering any of the Trust Property <br />conveyed by this peed of Trust, which security instruments shall be additional security for Trustor's faithful performance <br />of all of the terms, covenants and conditions of this Deed of Trust, the Note secured hereby, and any other security in- <br />struments executed in connection with this transaction. Such instruments shall be recorded or filed, and rerecorded and <br />refiled, at Trustor'sexpense. <br />13. Within 10 days after demand. Trustor shall furnish to Trustee a schedule certified to be Trustor, setting forth <br />all leases of space in the Trust Property then in effect, including, in each case, the name of the tenants and occupants, a <br />description of the space occupied by such tenant and occupant, the rental payable for such space and such other infor- <br />mation and documents with respect to such leases and tenancies as the Trustee may request. <br />14. All payments made under the provisions of this Deed of Trust, of the Note secured hereby, which may he con. <br />strued as interest. shall not, in the aggregate over the term hereof. exceed the rate that may he lawfully contracted in <br />writing, in the State of Nebraska. <br />15. Without the prior written consent of Trustee, Trustor shall not, directly or indirectly, with respect to any lease <br />of space in the described premises, whether such lease is now or hereafter in existence: la) accept or permit any prepay- <br />ment. discount or advance rent payable thereunder; (bi cancel or terminate the same, or accept any cancellation, termina <br />tion or surrender thereof, or permit any event. to occur which would entitle the lessee thereunder to terminate or cancel <br />the same; let amend or modify the same so as to requre the term thereof, the rental payable thereunder. or to change any <br />renewal provisions therein contained; (d) waive any default thereunder or breach thereof; lei give any consent, waiver or <br />approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which would have <br />the effect of impairing the value of lessor's interest thereunder, or the property subject thereto, or of impairing the posi <br />Lion or interest of the Trustee or Beneficiary; or (f) sell, assign, pledge, mortgage or otherwise dispose of, or encumber, <br />its interest in any such louse or any rents. issues or profits issuing or arising thereunder. <br />16. Trustor agrees that: lilt the duties and obligations ol" trustee ,hall he detoniiined solely by the express pro <br />visions of this I1red of Trust itod the Trustee shall not he liable except for the IwOnrinanre of such duties and obligations <br />as are specifically set forth herein. and no implied covenants or obligations shall be imposed upon Trustee; Ibi no provision <br />of this Deed of Trust shall require Trustee to expend or risk Its own funds, or otherwise' invor any financial obligation in <br />the performance of any of its duties hereunder, or in the exereise of any of its rights or powers, if it shall have grounds for <br />believing that the repayment of sueh funds or adequate indemnity against such risk or hahility is not reasonably assured <br />to it; 10 Trustee may constdl with counsel of it, own ehoosing and the advice of *iwli eounsvl shall he full :,till complete <br />authorization and protection in the respect of any action taken or suffered by it hereunder in good faith and in reliance <br />thereon; 1d) Trustees shall net he liable for;utp action taken by it in good faith and reasonably believed by it to he autho <br />rized or within the discretion or rights of power, ronfe rred upon it by I his heed of Trust. <br />11 <br />M <br />