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.�e � <br />20100980� <br />3. fNSURANCE ANp REPAIRS. Trustor shall maintain fire and �xtended caverage insurance <br />insuring the impravements and buildings constituting part of the Trust Estate for an amount no less than <br />the amounk of the unpaid principal balance of the Nate (co-insurance not exceeding 80% permitted). <br />5uch insurance policy shall contain a standard mortgage clause in favor of Benefic+ary and shall not be <br />cancelable, terminable, or modifiable without ten (10) days prior written notice to Beneficiary. Trustor shall <br />promptly repair, maintain and replace the Trust Estat� or any park thereof so that, except for ardinary wear <br />and tear, the 7rust Estate shall nat deteriorate. In no event shall the Trustar commik waste on or to the <br />Trust Estate. <br />4. ACTIONS AF�EGTING TRUST ES7ATE. 7rt�stor shalV appear in and contest any actian or <br />proceeding purporting to �ffect the s�curity hereof or th� rights or powers af Beneficiary or Trustee, and <br />shall pay all costs and expenses, including cast of evidence of title and attorney's fees, in any such action <br />or proceeding in which Beneficiary or Trustee may appear. Should Trustar fail to make any payment or to <br />do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, <br />each in its own discretian, without obligation, may make or do the same in such manner and to such <br />extent �s either may deem necessary to prot�ct khe security hereaf. Trustor shall, immediately upon <br />demand therefore by Beneficiary, pay a{I costs and expenses incurred by 8eneficiary in �onnec#ion with <br />the exercise by Beneficiary of the foregoing rights, including, withaut limitatiqn, costs of evidence of title, <br />court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten <br />(1Q) days of written demand shall draw int�rest at the default rate �rovided in the Note. <br />5. �MINENT DOMAIN. Shauld the Trust Estat�, or any part thereof qr interest therein, be taken <br />or damaged by reason of any public lmprovement or condemnation proceeding, 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 proceedir�g, Trustar shall give prompt written noti�e thereof to Beneficiary. <br />Beneficiary shall be entitled to all compensation awards and other payrnents ar re{ief therefore, and shall <br />be entitled to make any compromise ar settlement in connection wi#h such taking or damage. Afl such <br />compensation, awards, damages, rights af action and proceeds awarded to Trustor (the "Proceeds") are <br />hereby assigned to Beneficiary; and Trustor agrees to execute such further assignments of the Proceeds <br />as Beneficiary or Trustee may require. <br />6. APPO {NTMENT �F SUCCESSOR TRUSTEE. Beneficiary may, from time to timP, by a <br />written instrument executed and acknowledged by Beneficiary, mail�d to Trustnr and r�corded in the <br />County in which the Trust Estate is located and by oth�rwise complying with the provisions of the <br />applicable law of the Stat� of Nebraska substitute a successor or successors to the Trustee named herein <br />or acting hereunder. <br />7. SUCCE5SOR5 AND ASSIGNS. This beed of Trust applies to, inures to the benefit of and <br />binds all parties hereto, their heirs, legatees, devisees, person�l representatives, successors and assigns. <br />The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary <br />herein. <br />8. INSPECTIUNS. Ben�ficiary, or its �gents, representatives or workmen, are auth4rized to <br />enter at any reasonable time upon ar in any part of the Trust�e Estate fpr the purpose of inspecting the <br />same and far the purpose of p�rforming any of the acts it is authorized to perform under th� terms of any <br />of the Loan Instruments. <br />EVENTS OF DEFAULT. Any of the following euents shalf be deemed an event of default <br />h�reunder: <br />(a) Trustor shall have failed to make payment of any installment of interest, principal, or principal <br />and interest or any other sum secured hereby wheri due; or, <br />(b) Ther� has oceurred a breach of default uncler any term, covenant, agreement, condition, <br />provision, r�presentatian, or warranty contained in any of the Loan Instruments. <br />1Q. ACCELEI�ATION.UPON DEFAULT, ADDITIONAL REMEDI�S. Should an event of default <br />occur, Beneficiary may declare all indebtedness secured hereby to be due and payable, and the same <br />shall thereupon become due and payable without any presentment, demand, prot�st, or nakice 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 receiver <br />appointed by a Court and wikhout regard to the adequacy of its security, enter upon and take possession <br />of the Trust Estate, or any part thereaf, 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 khe Trust Estate, or <br />part thereof or interest therein, increase the income therefrom ar protect the security hereaf, and with ar <br />without taking possession of the Trust Estate, sue for or otherwise collect the rents, issu�s and profits <br />