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<br />20110577�
<br />claims, demands, lawsuits, costs, and judgments arising out of injury to persons or damage to property
<br />occurring on the premises. The coverage shall be in an amount not less than $1,000,000.00 single limit for
<br />bodily injury and property damage with a 30-day "notice of cancellation clause".
<br />Trustor shall keep the building in good repair at all times.
<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or
<br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall
<br />pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or
<br />proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do
<br />any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its
<br />own discretion, without obligation, may make or do the same in such manner and to such extent as either
<br />may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by
<br />Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary
<br />of the foregoing rights, including, writhout limitation, costs of evidence of title, court costs, appraisals, surveys
<br />and attomey's fees. Any such costs and expenses not paid within ten (10) days of 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 or interest therein, be taken or
<br />damaged by reason of any public improvement 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 proceeding, Trustor shall give prompt written notice thereof to Beneficiary.
<br />Beneficiary shall be entitled to all compensation and condemnation awards and other payments or relief
<br />therefore, and shall be entitled to make any compromise or settlement in connection with such taking or
<br />damage. All such compensation and condemnation, awards, damages, rights of action and proceeds
<br />awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary; and Trustor agrees to execute such
<br />further assignments of the Proceeds as Beneficiary or Trustee may require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written
<br />instrument executed and acknowledged by Beneficiary, and recorded in the Counry in which the Trust Estate
<br />is located and by othenwise complying with the provisions of the applicable law of the State of Nebraska
<br />substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />7. PURCHASE MONEY TRUST DEED. This trust deed is a purchase money trust deed.
<br />8. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds
<br />all pa►ties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The
<br />term "Beneficiary" shall mean the owners and holders of the Note, whether or not named as Beneflciary
<br />herein.
<br />9. INSPECTIONS. Beneficiary, or their agents, representatives or workmen, are authorized to enter
<br />at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same and for
<br />the purpose of pertorming any of the acts it is authorized to perform under the terms of any of the Loan
<br />Instruments.
<br />10. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default
<br />hereunder:
<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 when due; or,
<br />(b) There has occurred a breach or default under any term, covenant, agreement, condition,
<br />provision, representation, or waRanty contained in any of the Loan Instruments; or,
<br />(c) Trustor shall have failed to make payment of any installment of taxes or insurance premiums
<br />wrhen due, which taxes and insurance premium are also secured hereby.
<br />11. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default
<br />occur, Beneficiary may declare all indebtedness secured hereby to be due and payable, and the same shall
<br />thereupon become due and payable without any presentment, demand, protest, or notice of any kind.
<br />Thereafter the Beneficiary may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br />appointed by a Court and without regard to th� adequacy of its security, enter upon and take possession of
<br />the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or part
<br />thereof or interest therein, increase the income therefrom or protect the security hereof, and with or without
<br />taking possession of the Trust Estate, sue far or otherwise collect the rents, issues and profits thereof,
<br />including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection, including attomey's fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br />may determine. The entering upon and taking possession of the Trust Estate, the collection of such rents,
<br />issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done in response to such default or pursuant to such notice of default
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