~oiou4~i~
<br />D. INSURANCE AND REPAIRS. With the money supplied by the Trustor, the Beneficiary
<br />shall pay for and maintain either homeowners or fire and extended coverage insurance insuring the
<br />improvements and buildings constituting part of the Trust Estate for an amount no less than the
<br />amount of the unpaid principal balance of the Note (co-insurance not exceeding 80% permitted).
<br />Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary, and shall not
<br />be cancelable, terminable or modifiable without ten (10) days prior written notice to Beneficiary.
<br />Trustor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except
<br />for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor
<br />commit waste on or to the Trust Estate.
<br />E. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any
<br />action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary
<br />or Trustee, and shall pay all casts and expenses, including, cast of evidence of title and attorney's fees,
<br />in any such action or proceeding in which Beneficiary or Trustee may appear. 'Should Trustat fail
<br />to make any payment onto do any act as and in the manner provided in any ofthe Loan Instruments,
<br />Beneficiaryand/or Trustee, each in its awn discretion, without obligation so to do and without notice
<br />to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the
<br />same in such manner and to such extent as either may deem necessary to protect the security hereof.
<br />Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred
<br />by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including
<br />without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any
<br />such costs, and expenses not paid within ten (10) days of written demand shall draw interest at the
<br />default rate provided in the Note.
<br />F. CONDEMNATION. The proceeds of any award or claim for damages, direct or
<br />consequential, in connection with any condemnation or other taking of the Trust Estate, or part
<br />thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to
<br />Beneficiary.
<br />In the event of a total taking of the Trust Estate, the proceeds shall be applied to the sums
<br />secured by this Deed pf Trust, with the excess, if any, paid to Trustor. In the event of a partial taking
<br />of the Trust Estate, unless Trustor and Beneficiary otherwise agree in writing, there shall be applied
<br />to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that
<br />proportion which the amount of the sums secured by this Deed ofTrust immediately prior to the date
<br />of taking bears to the fair market value of the Trust Estate immediately prior to the date of taking,
<br />with the balance of the proceeds paid to Trustor.
<br />If the Tn:st Esta*.e is abandoned by Trustr~r, qr if, after notice by Beneficiary to Trustor that
<br />the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to
<br />Beneficiary within 30 days after the date such notice is mailed, Beneficiary is authorized to collect
<br />and apply the proceeds, at Beneficiary's option, either to restoration ar repair of the Trust Estate or
<br />to the sums secured by this Deed of Trust.
<br />Unless Beneficiary and Trustor otherwise agree in writing, any such application of proceeds
<br />to principal shall not extend or postpone the due date of the installments referred to herein or change
<br />the amount of such installments.
<br />G. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by
<br />a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in
<br />the County in which the Trust Estate is located, and by otherwise complying with the provisions of
<br />the applicable law ofthe State ofNebraska, substitute a successor or successors to the Trustee named
<br />herein ar acting hereunder.
<br />H. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of,
<br />and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors, and
<br />assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named
<br />as Beneficiary herein.
<br />I. INSPECTIONS. Beneficiary, or its agents, representatives, or workmen, are authorized
<br />to enter at any reasonable time upon or in any. part ofthe Trust Estate,for the~purpose of inspecting
<br />the same and for the purpose of performing any afthe acts it is aulhor~aed to perf6rm order±he terms
<br />of any of the Loan Instruments.
<br />J. EVENTS OF DEFAULT. Any ofthe following events shall be deemed an event of default
<br />hereunder:
<br />(1) Trustor shall have failed to make payment of any installment of interest, principal,
<br />or principal and interest ar any sum secured hereby within fifteen (1 S) days of when due; or
<br />(2) There has occurred any other breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in any of the Loan Instruments
<br />which has not been cured within fifteen (15) days after mailing, of written notice identifying such
<br />default.
<br />K. ACCELERATION UPON DEFA T ADDITIONAL REMEDIES. Should an event
<br />of default occur, Beneficiary may declare all indebtedness secured hereby to be due and payable and
<br />the same shall thereupon become due and payable without any presentment, demand, protest or notice
<br />of any kind. Thereafter, Beneficiary may do any one or more of the following:
<br />
|