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�01048194 <br />3. INSURANCE AND REPAIRS. Trustors shall maintain fire and extend�d coverage insurance <br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than <br />the 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 be <br />cancelable, terminable, or modifiable without ten (10) days priar written notice to Beneficiary. 7rustors <br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except far ordinary <br />wear and tear, the Trust Estate shall not d�t�riorate. In no event shall the Trustors commit waste on or ta <br />the Trust Estate. <br />4. ACTIONS AFF�CTING TRUST �STATE. Trustors shall appcar in and contest any action or <br />proceeding purporting to affect the security hereof or the rights or powers of B�neficiary 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 />ar proceeding in which Beneficiary or Trustee may appear. Should Trustars fail to make any payment or <br />ta do any act as and in the manner pravided in any of the Loan Instruments, Beneficiary and/or Trustee, <br />each in its own discretion, without obligation, may make or do the same in such manner and to such <br />extent as either may deem necessary to pratect th� security hereof. Trustors shall, immediately upan <br />demand ther�fore by Beneficiary, pay all costs and expenses incurred by B�neficiary in connection with <br />the ex�rcise by Beneficiary of the foregaing rights, including, without limitatian, casts of evidence of title, <br />caurt casts, appraisals, surveys and attarn�y's fees. Any such casts and expenses not paid within ten <br />(10) days of written demand shall draw int�rest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Shauld the Trust Estate, or any part thereof or interest therein, be taken <br />or damaged by reason of any public improvement or condemnatian proceeding, or in any other manner <br />including deed in lieu of Condemnation ("Cond�mnation"), or should Trustors receiue any notice or other <br />information regarding such praceeding, Trus#ors shall give promp# written notice thereof to Beneficiary. <br />Beneficiary shall be entitled to all compensation awards and other payments or relief therefare, and shall <br />be entitled to make any compromise or s�ttlement in connection with such taking or damage. All such <br />comp�nsation, awards, damages, rights of action and proceeds awarded to Trustors (the "Proceeds") are <br />h�r�by assigned to Beneficiary; and Trustors agree to execuke such further assignments of the Proceeds <br />as Beneficiary or Trustee may r�quir�, <br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Ben�ficiary may, from time to time, by a <br />written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in the <br />County in which the Trust Estate is located and by otherwis� complying with the provisions of the <br />applicable law of the State of N�braska substitute a successor or successors ta the Trustee named herein <br />or acting hereunder. <br />7. SUCCESSORS AND ASSIGNS. This De�d of Trust applies to, inures to th� benefit af and <br />binds all parties hereto, their heirs, legatees, devisees, persanal representatives, successors and assigns. <br />The term "Beneficiary" shall mean the owner and holder af the Note, whether or not named as Beneficiary <br />herein. <br />8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authori2ed ta <br />enter at any reasonabl� time upon or in any part of #he Trustee �state for the purpose of inspecting the <br />same and for the purpose of performing any of the acts it is authorized to perfarm under the terms of any <br />of the Loan Instruments. <br />9. EV�NTS QF DEFAULT. Any of the following events shall be deemed an event of default <br />hereunder: <br />(a) Trustors shall have failed to make payment of any installment of interest, principal, or principal <br />and interest or any other sum secured hereby when due; or, <br />(b) Th�re has occurred a breach of default under any term, covenant, agreement, condition, <br />pravision, r�pr�sentation, or warranty contained in any of the Loan Instruments. <br />10. ACC�LEFtATION UPON DEFAULT ADDITIONAL R�MEDIES. Should an event of default <br />occur, B�neficiary may declare all indebtedness secur�d hereby ta be due and payable, and the same <br />shall thereupon becvme due and payable without any presentment, demand, prot�st, or notice of any kind. <br />Thereafter the Beneficiary may: <br />(a) Either in persan or by agent, with or without bringing any action or proceeding, or by a rec�iver <br />appointed by a Court and without regard to the adequacy of its security, enter upon and take possession <br />of the Trust �state, or any par# thereof, in its own name or in the name of Trustee, and do any acts which <br />it deems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or <br />part thereof or interest therein, increase the income therefrom or protect the security hereof, and with or <br />without taking possession of the Trust Estate, sue for or otherwise collect the r�nts, issues and prafits <br />thereof, including those past due and unpaid, and apply the same, less costs and expenses �f <br />operation and collection, including attorney's fees, upon any indebtedness s�cured hereby, all in such <br />