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za~ao~s2~ <br />Beneficiary from, each installment of all taxes and special assessments of every kind, now or <br />hereafter levied against the Trust Estate ar any part thereof, before delinquency, without notice or <br />demand, and shall provide Beneficiary with evidence of the payment of same. <br />3. INSURANCE AND REPAIRS. <br />(a) Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting any part of the Trust Estate for an amount no less than the amount of the <br />unpaid principal balance of the Note yr this Trust Deed in an amount sufficient to prevent the <br />operation of any co-insurance provisions in such policies. Such insurance policy shall contain a <br />standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or <br />modifiable without at least ten (10) days prior written notice to Beneficiary. <br />(b) Trustor shall promptly repair, maintain and replace the Trust Estate and any part thereof <br />so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. hn no event shall <br />Trustor commit waste on or tv the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Truster shall appear in and contest any <br />action or proceeding purporting to affect the Trust Estate or the rights yr powers of Beneficiary or <br />Trustee hereunder, and shall pay all costs and expenses, including cost of evidence of title and <br />attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear. <br />Should Trustor fail to make any payment or do any act as and in the manner provided in any of the <br />Loan Instruments, Beneficiary and/or Trustee, each in its or his own discretion, without obligation <br />to do so and without notice to or demand upon Truster and without releasing Tnrstor from any <br />obligation, may make or do the same in such manner and to such extent as either may deem <br />necessary to protect their respective interest in and to the Trust Estate. Trustor shall, immediately <br />upon demand therefor by Beneficiary or Trustee, pay all costs and expenses incurred by Beneficiary <br />or Trustee in connection with the exercise by Beneficiary yr Trustee of the foregoing rights, <br />including without limitation costs of evidence of title, court costs, appraisals, surveys and attorneys' <br />fees. Any such costs and expenses not paid within ten (10) days after written demand shall draw <br />interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof yr interest therein, <br />be taken or damaged by reason of any public improvement or condemnation proceeding or in any <br />other manner including a deed in lieu of condemnation ("Condemnation"), or should Tnrstor <br />receive any notice or other information regarding any such proceeding, Ttustor shall give prompt <br />written notice thereof tp Beneficiary. Beneficiary shall be entitled to all compensation, awards and <br />other payments or relief therefor not exceeding the amount then due or to be due under any of the <br />Loan Instruments. Beneficiary shall be entitled, at its sole option, to commence, appear in and <br />prosecute in its own name any such action or proceedings. Beneficiary shall also be entitled to <br />make any compromise or settlement in connection with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (not exceeding <br />the amount then due to Beneficiary pursuant to the Loan Instruments) (the "Proceeds") are hereby <br />assigned to Beneficiary and Trustor shall execute such further assignments of the Proceeds as <br />Beneficiary or Trustee may require. <br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, <br />by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded <br />in the County in which the Trust Estate is located and by otherwise complying with the provisions <br />of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee <br />named herein er acting hereunder., <br />7. SUCCIESSORS AND ASSIGNS. This Trust Deed applies to, inures to the benefit of <br />and binds all parties hereto, their respective heirs, legatees, devisees, personal representatives, <br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, <br />whether or not named as Beneficiary herein. <br />8. INSPECTIONS. Beneficiary, ar its agents, representatives or workmen, are authorized <br />to enter at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting <br />the same and for the purpose of performing any of the acts it is authorized to perform under the <br />-2- <br />