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84 - 006152 3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than the amount of the unpaid principal balance of the Note (co~insurancenot exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be cellable, terminable or modifiable without ten nO} days prior written notice to Beneficiary. Trustor shall promptly repair,main- tain and replace the Trust Estate or any part thereof so that, except< for ()rdinarv wear and tear. the Trust Estate shall not deteriorate; In n;- event' sh~il the Trustor commit waste on or to the, Trust Estate; 4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, ands~all pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Berte- ficiary or Trustee may appear. Should Trustor fail to make anypay~ ment or Lo do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or 'J "Lree, eac'1 in its owndLscre.'- tion, without obligation to do ~o ,'] 'd ,.ritl-> Jut notice. to or demand upon Trustor and without releasing ~'rustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate pro~ vided in the Note. 5. EMINENT DOMAIN. Should the Trust Estate, or any part there- of or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner includ- ing deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Bene- ficiary shall be entitled to all compensation, awards and other pay- ments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or pro- ceedings. Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or damage. All such com- pensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located and by otherwise complying with the pro- visions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting here- under. 7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, Successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary herein. 8. INSPECTIONS. Beneficiary, or Lts agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of any of the Loan Instruments. -~2-