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~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 />