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$0-- ~C~4242
<br />5. Trustor will not commit any waste upon the Trust Property sad will,
<br />at all times, maintain the same in good order and condition, including but not
<br />limited to necessary grass and weed cutting.
<br />6. Zf during the existence of this Trust, there shall be threatened,
<br />commenced or pending any suit or action affecting any of the Trust Property, the
<br />title thereto or the priority of the lien of this Deed of Trust thereon, or if
<br />nay adverse claim for or against the Trust Property, or any part thereof, be made
<br />or asserted, the Trustee, Beneficiary, or both, may appear or intervene in any
<br />such suit or action, retain counsel therein, and defend the same, orotherwise
<br />take such action as they may deem advisable and settle or compromise the same or
<br />the adverse claim; and in that regard and for any of such purposes may pay and
<br />expend such sums of money as Trustee or Beneficiary may deem advisable, which
<br />sums shall be deemed to have been advanced hereunder and secured by~this Deed
<br />of Trust.
<br />7. Trustor hereby covenants, warrants and agrees with Beneficiary, its
<br />successors and assigns, that Trustor owns the Trust Property free from any prior
<br />lien or encumbrance except for easements, covenants and restrictions of record,
<br />and special assessments and general ad valorem real estate taxes paw due and
<br />payable, that this Deed of Trust is and will remain a valid and enforceable first
<br />lien of the Trust Property, that Trustor will preserve such title and will for-
<br />ever warrant and defend the same to the Beneficiary and will forever warrant and
<br />defend the validity and priority of the lien hereof against the claim of all
<br />persons and parties whomsoever. Trustor will make such further assurance or assur-
<br />ances to perfect its title to the Trust Property as may be reasonably required by
<br />Beneficiary. Trustor hereby relinquishes all right of power and homestead in
<br />and to the Trust Property.
<br />8. Trustor will pay all taxes, assessments and other public charges
<br />upon the Trust Property before the same by law become delinquent and when any
<br />such taxes, assessments or public charges shall be levied upon the Note secur-
<br />ed by this Deed of Trust, or upon the Trustee or Beneficiary, or upon their
<br />successors or assigns, on account of said debt or the lien of this Deed of Trust
<br />(except income taxis) Trustor will pay such taxes, assessments or public charges
<br />prior to the time the same shall, by lac:, become delinquent.
<br />9. If Beneficiary shall so request, Trustor agrees that there shall be
<br />added to eaeh periadie payment required [o be made Hereunder au amount estimated
<br />by Trustee to be sufficient Co enable Trustor to any, at least 30 lays before
<br />delinquency, all taxes, assessments or other public charges against the 'c'rust
<br />Property, the Note secured by this Deed of Trust, or upon account of the debt
<br />or the lien of this Trust Deed, and no interest shall be payable to Trustor in
<br />respect thereof. Upon demand by Trustee, 'Lrustor shall deliver to Trustee such
<br />additional sums of money as are necessary to make up any deficiency in the amounts
<br />necessary to enable Trustee to pay any of the foregoing items.
<br />Z0. Trustor, at its expense, will execute and deliver to Trustee, prompt-
<br />ly upon demand, such security instruments as may be required by Trustee, in farm
<br />and substance satisfactory to Trustee, covering any of the Trust Property convey-
<br />ed by this Deed of Trust, which security instruments shall be additional security
<br />for Truator's faithful performance of all of the terms, covenants and conditions
<br />of this Daed of Trust, the Note secured hereby, and any other security instru-
<br />ments executed in connection with this transaction. Such instruments shall be
<br />recorded or filed, and rerecorded and refiled, at Trustor's expense.
<br />11. All payments made under the provisions of this Deed of 'trust, of
<br />the note secured hereby, which ray be corstrued as i:[eresc, shall not, in the
<br />aggregate over the term hereof, exceed the rate that may he lawfully contracted
<br />in writing in the State of Nebraska.
<br />12. Trustor agrees that: (a) the duties and obligations of Trustee
<br />shall be determined solely by the express provisions of this Deed of Trust and
<br />the Trustee shall not be liable except for the performance of such duties and
<br />obligations as are specifically set forth herein, and no implied covenants or
<br />obligations shall be imposed upon Trustee; (b) no provision of this Deed of
<br />Trust shall require Trustee to expend or risk its own funds, or otherwise incur
<br />any financial obligation in the performance of any of its duties hereunder, ar
<br />in the exercise of any of its rights or powers, if it shall leave grounds for
<br />believing that the repayment of such funds or adequate indemnity against such
<br />risk or liability is not reasonably assured to it; (c) Trustee may consult with
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