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~oo9os9a.o <br />Trustor and Beneficiary covenant and agree as follows: <br />1. Warranter f_Title. Trustor is lawfully seized of the Property; it has good right and <br />lawful authority to sell and convey the Property; the Froperty is free and cleaz of all liens and <br />encumbrances other than this Trust Deed in the amount of $3,609,336.00 in favor of Wells Fargo <br />Bank, National Association; and Trustor will warrant and defend the title to the Property unto the <br />Trustee and its successors and assigns forever, against the claims of all persons. Trustor, at its <br />expense, will maintain and preserve the lien of this Trust Deed as a first lien upon the Trust <br />Property will cause this Trust Deed, and each amendment or supplement thereto, to be filed and <br />recorded as a mortgage of the Trust Property in such manner and in such place, and will take <br />such other action as in the opinion of Trustee may be required by any present or future law in <br />order to perfect, maintain and protect the lien of this Trust Deed, as the same may be from time <br />to time amended or supplemented. <br />2. Payment of Frincipal and Interest. Borrower is required to punctually pay the <br />principal of, and interest on, said promissory note including any advances thereto as provided <br />herein on the dates and at the place and in the manner provided therein and to punctually perform <br />all agreements, conditions and provisions of any other security instrument given in connection <br />with this transaction. <br />3. Preservation and Maintenance of Pro ert . Trustor will not commit any waste <br />upon the Property and will, at all time, maintain the same in good order and condition and will, <br />at all times, make, from time to time, all repairs, renewals, replacements, additions and <br />improvements which are reasonably required to prevent waste, impairment, or deterioration of <br />said property. <br />4. Status of Trustor. Trustor will do all things necessary to preserve its existence, <br />rights and privileges under the laws of the State of Nebraska as Trustee of The Wildwood Trust <br />dated the 13~' day of May, 2004. <br />5. Taxes Assessments and Insurance. Trustor shall pay all taxes and special <br />assessments levied or assessed against or due upon the Property before delinquency, and will <br />deliver to Beneficiary copies of receipts showing payment of such taxes and special assessments. <br />Trustor shall cause the Property to be insured against loss of fire or other casualty and shall cause <br />Beneficiary to be named as a loss payee on such policy of insurance. If Beneficiary shall so <br />request, Trustor agrees that there shall be added to each periodic payment required to be made <br />hereunder an amount estimated by Trustee to be sufficient to enable Tntstor to pay, at least 30 <br />days before delinquency, all taxes, assessments or other public charges against the Trust <br />Froperty, the Nate secured by this Trust Deed, or upon account of the debt or the lien of this <br />Trust Deed, together with premiums for insurance required to be provided under this Trust Deed <br />and no interest shall be payable to Trustor in respect thereof. Upon demand by Trustee, Trustor <br />shall deliver to Trustee such additional sums of money as aze necessary to make up any <br />deficiency in the amounts necessary to enable Trustee to pay any of the foregoing items. <br />6. Additional Liens. Trustor shall make all payments of interest and principal and <br />payments of any other charges, fees, and expenses contracted to be paid to any existing lien <br />holders or prior beneficiaries under any prior Trust Deed, Mortgage or other security agreement, <br />2 <br />