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20100980� <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 amount of th� 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 madifiable without ten (10) days prior written notice to Beneficiary. Trustor shall <br />promptly repair, maintain and replace the Trust Esta#e or any part thereof sv that, except for ordinary wear <br />and #�ar, the Trust Estate shall npt deteriorate. In no event shall the Trustor cammit waste on pr ko the <br />Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTAT�. Trustar shall appear in and contest any action or <br />proceeding purporking to affect the security hereof or the rights or powers of Beneficiary or �Crustee, �nd <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 ar 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 Laan Instrurnents, B�neficiary andlor Trustee, <br />each in its own discretion, without obliga#ion, may make or da 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 therefore by Beneficiary, pay all costs and expenses inc�irred by Beneficiary in connection with <br />th� exercise by Beneficiary of the foregoing rights, including, withaut limitation, costs of evidence af title, <br />court costs, appraisals, surveys and attorney's fees. /�ny such cnsts and expenses nat paid within ten <br />(10) days of written demand shall draw interest at the default rate provided in the Nate. <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 ar condemnation praceeding, or in any other manner <br />including deed in lieu of Condemnation ("Condemnation"), or should �Trustor receive any notice or other <br />information regarding such proceeding, Tr��stor shall give prompt written notice thereof to Beneficiary. <br />Beneficiary shall be entitled to all compensation awards and other payments or relief therefore, and shall <br />be entitled ta make any campromise or settlement in connection with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "F�roceeds") are <br />hereby assigned ta Beneficiary; and Trustar agrees to execute such further assignments of the Proceeds <br />as Beneficiary or Trustee may require. <br />6. APPOINTMEN7 OF SUCCESSOR 1 Rl1STEE. Beneficiary may, from time to time, by a <br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recarded in the <br />County in which the Trust Estate is located and by otherwise complying with the provisions of the <br />applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein <br />or acting hereunder. <br />7. SUCCESSORS AND ASSIGNS. This Deed af Trust applies to, inures to the benefit of and <br />binds all parties hereto, their heirs, legatees, devisees, personal representatives, successars and assigns. <br />7he term "B�neficiary" shall mean the owner and holder of the Note, whether or nat named as Berieficiary <br />herein. <br />$. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to <br />enter at any reasonable time upon or in any part of the Trustee Estate for the purpose of inspecting the <br />same and for the purpose of performing any of the acts it is authorized to p�rform under the terms of any <br />of khe Loan Instrum�nts. <br />9. EVENTS OF DEFAUL�T. Any of th� following events shall be deemed an event of default <br />hereunder: <br />(a) Trustar shall have failed to make payment af any installment of interest, principal, or principal <br />and interest or any other sum secured hereby when due; or, <br />(bj There has accurred a breach of default under any t�rm, covenant, agreement, condition, <br />provision, representation, or warranty contain�d in any of the Laan Instruments. <br />10. ACCELERATION UPOIV DEFAULT, AUDITIONAL REME�IES� Should an even# of default <br />accur, Beneficiary may declare all ind�btedness secured hereby to be due and payable, and th� same <br />shall thereupon become due and payable without any presentrnent, demand, protest, ar notice of any kind. <br />Thereafter the Beneficiary may� <br />(a) Eithar in person or by agent, with or without bringing any action qr praceeding, or by a receiver <br />appointed by a Caurt and without regard to th� adequacy of its security, enter upon and take possessi�n <br />of the Trust Estate, or any part thereof, in its �wn 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 incame ther�from or protect the security hereof, and with or <br />without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits <br />thereof, including those past due and unpaid, and apply the same, less casts and expenses of <br />