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2oioo2oss <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />Payment of Indebtedness; Covenant of Title. <br />(a) Trustor shall pay when due the principal of, and the interest on, the indebtedness <br />evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />(b) Trustor hereby covenants with Beneficiary that Trustor is lawfully seized of the Property <br />hereby conveyed, that Trustor warrants and will defend the title to the Property against the lawful claims <br />of all persons whomsoever, that Trustor has the right to grant and convey the Property, and that the <br />Property is unencumbered by any mortgage, trust deed., contract to purchase, or otherwise, except for a <br />Deed of Trust in favor of Platte Valley State Bank, Kearney, Nebraska. Trustor further covenants to <br />comply with all the terms and provisions of any prior mortgage, trust deed or contract to purchase, upon <br />the Property and to make all payments thereon before they become delinquent. <br />2, Taxes. Trustor shall pay each installment of all taxes and special assessments of every <br />kind, now or hereafter levied against the Trust Estate or any part thereof, before delinquency, without <br />notice or demand, and shall provide Beneficiary with evidence of the payment of same. Trustor shall pay <br />all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of <br />Trust or the debt secured hereby without regard to any law that may be enacted offering payment of the <br />whole or any part thereof upon the Beneficiary. If requested by Beneficiary, and provided that the same <br />are not being escrowed by a senior lien holder, Trustor shall include with each monthly installment under <br />the Note an amount equal to one-twelfth. (1/12) of the annual taxes levied and assessed against the Trust <br />Estate, which amount shall be held in escrow by Beneficiary and applied to the payment of such taxes <br />prior to delinquency. <br />3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance <br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than <br />the full replacement value of such improvements and buildings. Such insurance policy shall contain a <br />standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable <br />without ten (10) days prior written notice to Beneficiary. Trustor shall promptly repair, maintain and <br />replace the Trust Estate pr any part thereof so that, except for ordinary wear and tear, the Trust Estate <br />shall not deteriorate. In no event shall the Trustor conduct waste on or to the Trust Estate. <br />4. Actions Affectin Trust Estate. Trustor shall appear in and contest any action or <br />proceeding purporting to affect the security hereof or the rights ar powers of Beneficiary or Trustee and <br />shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action <br />or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to <br />do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each <br />in its own discretion, without obligation so to do and without notice to or demand upon Trustor and <br />without releasing Trustor from any obligation, may make or do the same in such manner and to such <br />extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon <br />demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with <br />the exercise by Beneficiary of the foregoing rights, including, without limitation, costs of evidence of <br />title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten <br />(10) days of written demand shall draw interest at the rate provided in the Note. <br />5. Eminent Domain. Should the Trust Estate, or any part thereof or interest therein, be taken <br />or damaged by reason of any public improvement or condemnation proceeding, or in any other manner <br />including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice ar other <br />GI Webb Road <br />March 24, 2010 <br />-2- <br />