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85= 004425 <br />FLB 29M (S -cis) , <br />Page 2 M 4 <br />S. Cerpom %TrusMr.IfTrustwis&corporation, it will do all things necessary to preserve its corporsteexistence, rights and <br />privi a rurliday the laws of the state of Its incorporation. <br />S. trntrom& Trustor, at its expense, will maintain with insurers approved by Beneficiary. insurance with respect to the <br />Improvements and personal property, constituting the Property against loss by fire, lightning, tomado, and other perils <br />GOWN red by standard extended coverage endorsement, in an amount equal to at Nast one hundred percent of the toll <br />rePt000mmt value thereof: and insurance against such other hazards and in such amount as is customarily carried by <br />owners and operators of similar properties and as Beneficiaries may require for its protection. Trustor will corapiy with <br />such oiha nquirefnenb es Beneficiary may from time to time request forth* protection by Insurance of the tntarest of <br />the respective parties. All insurance policies rWrftined pursuant to this Test Deed "I name Truolorand Boneaciery <br />as insureds, as their respeoNw interests may appear, and provide that these shall be no cancellation or modification <br />without Ilflaat days prior written notltteatlon to True" and Beneficiary. In the evert any policy hereunder In not <br />mw*iod on or before hfleen days P6Wto Its expiration date, Trustee or Beneficiary may procure such Insurance and the <br />cost thereof shalt be added to the loan secured by this rout Deed and she# boor Interest at the greaterathe InNreat raft <br />specified therein or the highest interest rate authorized by the laws of the state of Nebraska. Treater shall deliver to <br />Beneficiary the original policies of Insurance and renewals thereof or memo copies of Koch polidet and rMewala <br />thereto. Feewre to furnish such insurance by Trustor, or renewals as required hereunder shell, at the option of <br />Beneficiary, con rMuse a default. All unearned premiums are hereby assigned to Trustee es additional security and a mM <br />and conveyance of the Property by the Trustee shall operate to convey to the purchaser the Trusters m1lereet in and to alt <br />policies of insurance upon the Property. <br />1. Tastes era/ Aaaessolos lea. Trustor shall pay all taxes and special asesesrtants levied or assessed against or due upon the <br />Property before delinquency, and will deliver to Beneficiary copies of receipts showing psynsnt of such taxes and <br />special aesaesnmmil. If SeneAOlery shall so request Trustor agreoe that there shall be added to oath paio0lc paymam <br />required to be made hereunder an amount estimated by Trustee to be sufficient toesbla TrLWW to pay, at loess 30 drys <br />before do*mKmwy, all taxes, aaaso ments or other public charges ogainst the Property, the Note secured by this Trust <br />Deed, or upon account of the debt or the lion of this Trust Deed, together with premiums for irawatce required to be <br />provided under this Trust Deed and no interest shall be payable to Trustor in respect thereof. Upon demand by Trusses. <br />Truster strati deliver to Trustee such additional sums of money as are necessary to make up any defteis ro in the <br />amounts necessary M enable Trustee to pay any of the foregoing Item. <br />S. AddUis" U@mTnstor shall makeall payments Of Interest and principal and payments of any othercharges, fees, and <br />expenosecontracted to be paid to any existing lion holders or prior beneficiaries under any priorTr st Deed. Mortgage or <br />other security agreement, before the date they are delinquent and to pay any other claim which jeopardizes the security <br />granted herein. <br />Prafesf e of Bo oNatarya So@wNy. ShoWd Trustor fell to make any payment, fait to do any so es herein provided, or if <br />any aettore or prooesding is commenced which materially afltetS Beneficiary's interest in the Property, including, but not <br />limited to, emirsm domain, insolvency, arrangenonts or proceedings involving a bankruptcy or decedent, Ilan <br />foreclosures, then Beneficiary or Trustee but without obligation to do so, and without noticeto or demand! upon Truetor, <br />anti without raleaalng Trustor from any obligation hereunder. may make or do the sarme, anti may pay, purchase, contest <br />or Compromise any encumbrance, charge or lien, which in the judgment of either appears to affect said Property; in <br />exertle" any Such powers the Benetloiery or Trustee may Incur any habtitty and expend whatever mounts, including <br />dieburaomernN of roaonWN atorrNy's fees, which In their absolute discretion, may be necessary. In the evem that <br />Truster shat fail to procure insurance or to pay taxes and special assortments or to make any payments to existing or <br />preen ion hoiden or bSnNlciartes, the Beneficisf may procure such insurance and make such payments. All sums <br />incurred orexpeded by Beneficiary or Trustee In accordance with the provisions to this Trust Deed are secured hereby <br />and, without tleanand, shati be immediately duo and payable by Tumor and an" beer interest at the maximum allowable <br />legal rat; Provided, however, that at the option of Beneficiary or Trustee such sums may be added to the principal <br />balance to any indebtednees Secured hereby and shall beer the ssime interest as such indebtedness and Shall bo payable <br />rateWy over the remaining term thereof. <br />10. Assgaasm of Itenff. Beneficiary shall haw the right, power and authority during the continuance of this True Deed to <br />i;oilacl the rerrts, issues and profit of the Property and of any personal property located thereon with or without taking <br />poses~ of the Property anected hereby, and Trustor hereby absolutely and uncondltionalty assigns all such rents, <br />issues and prolitsto Beneficiary. Beneficiary, however, hereby consents to the Trustors collection and retention of such <br />rents, issues and profits as they accrue and become payable so long as Trustor is not, at such times, in default with <br />respect to Payment of any indebtedness secured hereby or in the performance of any agreement hereunder. Upon any <br />such default. Soneffciary may of any time, either in person, by agent, or by a recNverto beappointed by a court, without <br />notice anti without regard to the adequacy of any security for the indebtedness hereby secured, (a) enter upon and take <br />possession of the Property or any pan thereof, and in its own name we for or otherwise collm such rents. Issues and <br />profits, including those put due and unpaid, and apply the same, less costs and expenses of operation and collection. <br />including rasesnable attorney Tess, upon any Indebtedness secured hereby, and In such order as Beneficiary may <br />dNamine; (b) perform such acts of repair or protection es may be necessary or proper to conserve the value of the <br />Property; (c) lease the sans or any pen thereof for such rental, term, and upon such conditions as its judgment may <br />dictate. Unless Trustor, and Beneficiary agree otherwise in writing, any application of rents. issues or profits to any <br />indeblodnnew setaJred hereby snail not extend or postpone the due ate of the installment payments as provided In said <br />Promissory rose of change the amount of such installments. The entering upon and taking possession of the Property, <br />the Collection of such rents, issue and profits, and the application thereof as aforesaid, shall not waive or cure any <br />default or notice of default hereunder, or invalidate any act done pursuant to such notice. Trustor also assigns to <br />Beneficiary. as further security for the performance of the obligations secured hereby, all prepaid rents and all monies <br />whlCh they have been or may hereafter be deposited with said Trustor by any lasses of the Property, to secure the <br />payment of any rem, and upon default In the performance of anyof the provisions hereof, Trustoragrees to deliver such <br />rents and deposits to the Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to <br />arty tenant OCCUPying sold premises Shall be sufficient to require said tenant to pay said rent to the Beneficiary until <br />tunlrsr nail", <br />11. leased Preatiseo, Within the (10) days after demand, Trustor shall furnish to Trustee a schedule Certified to be true, <br />felting forth all leases of space In the Property then in effect, including, in each case, the name of the tenants and <br />odcupeia, Adescription of the space occupied by such tenant and occupant, the rental payable for such space and such <br />other IMormatlon and documents with respect to such INses and tenancies u the Trustee may request. <br />Without the pno /written consent of Trustee, Trustor shall not, directly or indttocily, with respect to any tease of space in <br />the described promises, whether such 1"" is now or hereaher in existence: (a) accept or permit any prepayment, <br />discount or advance rent payable Iharelnder; (b) cancel or terminate the acme, or accept any cancellation, termination <br />or surrender thereof, or permit any event to occur which would entitle the lessee thereunder to terminate or cancel the <br />same; (c) amend or modify the some to as to reduce the term thereof, the rental payable thereunder, or to Change any <br />renewal provisions therein Contained; (d) waive any default thereunder or breach thereof; ter) give any <br />[1 <br />J <br />