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<br />3. INSURAiVCE AND REPAIRS. Trusfior shall maintain fire and extended coverage insurance
<br />suring the improvements and buildings constituting part of the Trust Estate for an amount no less than
<br />e amount of the unpaid principal balance of the Note (co-insurance not exceeding 80% permitted).
<br />�ch insurance policy shall contain a standard mortgage clause in fiavor of Beneficiary and shaN not be
<br />�ncelable, terminable, or modifiable without ten (10) days prior written notice to Beneficiary. Trustor shall
<br />�omptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear
<br />�d tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the
<br />�ust Estate.
<br />4. AC1'IONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or
<br />oceeding purporting to affect the secu�iiy hereof or the rights or powers of Beneficiary or Trustee, and
<br />�all pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action
<br />proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to
<br />► any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee,
<br />ich in its own discretion, without obligation, may make or do the same in such manner and to such
<br />;tent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon
<br />�mand therefore by Beneficiary, pay all costs and expenses incurred by Seneficiary in connection with
<br />e exercise by Beneficiary of the foregoing rights, incfuding, without limitation, costs of evidence of title,
<br />�urt costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten
<br />0) days of written demand shall draw interest at the default rate provided in the Note.
<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken
<br />damaged by reason of any public improvement or condemna�ion proceeding, or in any other manner
<br />�luding deed in lieu of Condemnation ("Condemnatian"), or shoufd Trustor receive any notice or other
<br />Formation regarding such proceeding, Trustor shall give prompt written notice thereaf to Beneficiary.
<br />sneficiary shall be entitled to all compensativn awards and other payments or refief therefore, and shall
<br />� entitled to make any compromise or settlement in connection with such taking or damage. All such
<br />�mpensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds") are
<br />reby assigned to Beneficiary; and Trustor agrees to execute such further assignments of the Proceeds
<br />Beneficiary or Trustee may require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary rr�ay, from time to time, by a
<br />itten instrument executed and acknowledged by Bene�iciary, mailed to Trusfior and recorded in the
<br />unty in which the Trust Estate is located and by otherwise complying with the provisions of the
<br />plicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein
<br />acting hereunder.
<br />7. SUCCESSORS AND ASSIGNS. This Deed o� Trust applies to, inures to the benefit of and
<br />ds all parties hereto, their hei�s, legatees, devisees, personal representatives, successors and assigns.
<br />e term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary
<br />rein.
<br />8. INSPECTIONS. Beneficiary, or its agenfis, representatives or workmen, are authorized to
<br />r at any reasonable time upon or in any part of the Trustee Estate for the purpose of inspecting the
<br />e and for the purpose of performing any of fihe acts it is authorized to perform under the terms of any
<br />e Loan Instruments.
<br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default
<br />�under:
<br />(a) Trustor shall have failed to make payment of any installment of interest, principal, or principal
<br />interest or any other sum secured hereby when due; or,
<br />(b) 7here has occurred a breach of default under any term, covenant, agreement, condition,
<br />ision, representation, or warranty contained in any of fihe Loan Instruments.
<br />10. ACCELERATION UPON DEFAULT. ADDITIONAL REMEDIES. Should an event of default
<br />ar, Beneficiary may declare aff indebtedness secured hereby ta be due and payable, and the same
<br />I thereupon become due and payab{e without any presentment, demand, protest, or notice of any kind.
<br />reafter the Beneficiary may:
<br />(a) Either in person or by agent, with or vvifhout bringing any action or proceeding, or by a receiver
<br />a ointed by a Court and without regard to the adequacy of its security, enter upon and take possession
<br />o he Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which
<br />it ems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or
<br />p thereof or interest therein, increase the income therefrom or protect the security hereof, and with or
<br />wi out taking possession of the T�ust Estate, sue for or otheruvise collect the rents, issues and profits
<br />th reof, including those past due and unpaid, and apply the same, less costs and expenses of
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