<br />83- 0018a2
<br />
<br />of the payment of same. Trustor shall pay all taxes and assessments which'may be levied
<br />upon Beneficiary's interest herein or upon this Deed of Trust or the debt secured hereby,
<br />without regard to any law that may be enacted imposing payment of the whole or any part
<br />thereof upon the Beneficiary.
<br />
<br />3. Insurance and Repairs. Trustor shall maintain fire and extended coverage
<br />insurance insuring the improvements and buildings constituting part of the Trust Estate
<br />for an amount no less than the amount of the unpaid principal balance of the Note
<br />(co-insurance not exceeding 80% permitted). Such insurance policy shall contain a
<br />standard mortgage clause in favor of Beneficiary and shall not be cancellable, terminable
<br />or modifiable without ten (10) days prior written notice to Beneficiary. Trustor shall
<br />promptly repair, maintain and replace the Trust Estate or any part thereof so that,
<br />except for ordinary wear and tear, the Trust Estate shall not deteriorate, In no event
<br />shall the Trustor commit waste on or to the Trust Estate.
<br />
<br />4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action
<br />or proceeding purporting to affect the security hereof or the rights or powers of Bene-
<br />ficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of
<br />title and attorney's fees, in any such action or proceeding in which Beneficiary or
<br />Trustee may appear, Should Trustor fail to make any payment or to do any act as and in
<br />the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in
<br />its own discretion, without obligation so to do and without notice to or demand upon
<br />Trustor and without releasing Trustor from any obligation, may make or do the same in
<br />such manner and to such extent as either may deem necessary to protect the security hereof,
<br />Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses
<br />incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing
<br />rights, including without limitation costs of evidence of title, court costs, appraisals,
<br />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. Eminent Domain. Should the Trust Estate, or any part thereof or interest
<br />therein, be taken or damaged by reason of any public improvement or condemnation proceed-
<br />ing, or in any other manner including deed in lieu of Condemnation ("Condemnation"), or
<br />should Trustor receive any notice or other information regarding such proceeding, Trustor
<br />shall give prompt written notice thereof to Beneficiary, Beneficiary shall be entitled
<br />to all compensation, awards and other pa)~ents or relief therefor, and shall be entitled
<br />at its option to commence, appear in and prosecute in its own name any action or proceed-
<br />ings. Beneficiary shall also be entitled to make any compromise or settlement in
<br />connection with such taking or damage. All such compensation, awards, damages, rights of
<br />action and proceeds awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary,
<br />and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or
<br />Trustee may require.
<br />
<br />6. Appointment of Successor Trustee, Beneficiary may, from time to time, by a
<br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and
<br />Recorded in the County in which the Trust Estate is located and by otherwise complying
<br />with the provisions of the applicable law of the State of Nebraska substitute a
<br />successor or successors to the Trustee named herein or acting hereunder.
<br />
<br />7, Successors and Assigns. This Deed of Trust applies to, inures to the benefit
<br />of and binds all parties hereto, their heirs, legatees, devisees, personal representatives,
<br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the
<br />Note, whether or not named as Beneficiary herein.
<br />
<br />8. Inspections. Beneficiary, or its agents, representatives or workmen, are
<br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for
<br />the purpose of inspecting the same and for the purpose of performing any of the acts it
<br />is authorized to perform under the terms of any of the Loan Instruments.
<br />
<br />9. Events of Default. Any of the following events shall be deemed an event of
<br />default hereunder:
<br />(a) Trustor shall have failed to make payment of any payment of interest,
<br />principal, or principal and interest or any other sum secured hereby when due; or
<br />(b) There has occurred a breach of or default under any term, covenant, agree-
<br />ment, condition, provision, representation or warranty contained in any of the Loan
<br />Instruments; or
<br />(c) If all or any part of the property or an interest therein is sold or
<br />transferred by Trustor without Beneficiary's written consent; or
<br />(d) The Trustor or any Guarantor of trust deed note shall liquidate, merge,
<br />dissolve, terminate its existence, suspend business operations, die, have a receiver
<br />appointed for all or any part of their property or shall be subject to circumstances
<br />which shall cause Beneficiary to deem itself inse~ure; or
<br />. (e) Any change that occurs in the condition or affairs (financial or otherwise)
<br />of the Trustor or any Guarantor of trust deed note which, in the opinion of the Beneficiary,
<br />
<br />-2-
<br />
|