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<br />Trust or the debt secured thereby, without regard to any law that may
<br />be enacted imposing payment of the whole or any part thereof upon the
<br />Beneficiary. ..
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<br />3. INSURANCE AND REPAIRS.. Trustor shall maintain fire and
<br />extended coverage insurance insuring the improvements and buildings
<br />constituting part of the Trust Estate for an amount no less than the
<br />amount of the unDaid Drincipal balance of the Note (co-insurance not
<br />exceeding 8010 permitted). Such insurance policy shall contain a
<br />standard mortgage clause in favor of Beneficiary and shall not be can~
<br />cellable, terminable or modifiable without ten (10) days prior
<br />written notice to Beneficiary. Trustor shall promptly repair, main-
<br />tain and replace the Trust Estate or any part thereof so that, except
<br />for ordinary wear and tear, the Trust Estate shall not deteriorate.
<br />In no event shall the Trustor commit waste on or to the Trust Estate.
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<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and
<br />contest any action or proceeding purporting to affect the security
<br />hereof or the rights or powers of Beneficiary or Trustee, and shall
<br />pay all costs and expenses, including~, st of evidence of title and
<br />attorney f s fees, in any such ac tier ,'''' pr0ceedi_~g in which- B-ene~
<br />ficiary or Trustee Gay ap?e~r. Sh~id Trustor fail to make any paY-
<br />ment or to do any act as and in the manner provided in any of the
<br />Loan Instruments, Beneficiary and/or Trustee, each in its own discre-
<br />tion, without obligation to do so and without notice to or demand
<br />upon Trustor and without releasing Trustor from any obligation, may
<br />make or do the same in such manner and to such extent as either may
<br />deem necessary to protect the security hereof. Trustor shall,
<br />immediately upon demand therefor by Beneficiary, pay all costs and
<br />expenses incurred by Beneficiary in connection with the exercise by
<br />Beneficiary of the foregoing rights, including without limitation
<br />costs of evidence of title, court costs, appraisals, surveys and
<br />attorney's fees. Any such costs and expenses not paid within ten. (10)
<br />days of written demand shall draw interest at the default rate pro-
<br />vided in the Note.
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<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part there-
<br />of or interest therein; be taken or damaged by reason of any public
<br />improvement or condemnation proceeding, or in any other manner includ-
<br />ing deed in lieu of Condemnation ("Condemnation"), or should Trustor
<br />receive any notice or other information regarding such proceeding,
<br />Trustor shall give prompt written notice thereof to Beneficiary.
<br />Beneficiary shall be entitled to all compensation, awards and other
<br />payments or relief therefor, and shall be entitled at its option to
<br />commence, appear in and prosecute in its own name any action or pro-
<br />ceedings, Beneficiary shall also be entitled to make any compromise
<br />or settlement in connection with such takir.g or damage. All such com-
<br />pensation, awards, damages, rights of action and proceeds awarded to
<br />Trustor (the "Proceeds") are hereby assigned to Beneficiary and
<br />Trustor agrees to execute such further assignments of the Proceeds as
<br />Beneficiary or Trustee may require.
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<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from
<br />time to time, by a written instrument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and recorded in the County in which
<br />the Trust Estate is located and by otherwise complying with the pro-
<br />visions of the applicable law of the State of Nebraska substitute a
<br />successor or successors to the Trustee named herein or acting here-
<br />under.
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<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to,
<br />inures totFi'eDeneDt-or-a,lo-5inds all. parties hereto, their heirs,
<br />legatees, devisees, personal representatives, successors and assigns.
<br />The te.rm t!Beneficiarytl shall meal'! the owner and bolder of the Nott:;,
<br />whether or not named as Beneficiary herein.
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<br />8. INSPECTiONS. Beneficiary, or its agents, representatives or
<br />workmen, are.-a:utnorTzed to enter;'t any reasooabl.(' time upon orin
<br />any part of the Trust Estate for the purpose of inspect i.og the S8me
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