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�0�107�i�
<br />201100532
<br />and that the Properiy is unencumbered by any mottgage, hvst deed,
<br />andJor contractto purchase.
<br />3. Taxes. Trustor shall pay each installment of all texes and apecial asse.ssment4 of every kind, now
<br />or hereaftar lavied against tha Trust Eatata or any part thereo� before delinquency, without notica or
<br />demand, and shall provide Benaficiary with evidenca of the payment of same. Trustor sha11 pay all texes
<br />aad assessments which may ba leviad upon Benaficiary's interest herein or upon this De� of Trust or the
<br />debt secw�ed heteby without regard to any law thet may ba enacted offering payment of tha whole or azry
<br />pact thereof upon Banaficiary.
<br />4. lnsurance and Re�airs. Truator shall provide to Baneficiary proof of and thereafter maintain
<br />compreheasive builder's risk insucaacre coveraga insuring tha coastruction of tha improvaments on the
<br />Trust Estate. Such insuraaca policy slnall co�rtain a ataadard mortgage clausa in favor of Beneficiary and
<br />shall not be c�ncelable, tarminable, or modifiable without ten (10) days prior writtea notica to
<br />Baneficiary. Tnistor shall promptly repair, maintain, and replace the Trust Estate or any pazf thereof so
<br />that, axcept for ordinary weaz and tear, tha Tnist Estata shall ttot datariorate. In no event shall Trustor
<br />conduct waske on or to tha Trust Estate.
<br />5. Actions Affecting Trust Estate. Trustor ahall appear in and co�est any action or proceeding
<br />purporting to affect the security hereof or the righis or powers of Benaficiary oc Trustee and shall pay all
<br />costs and axpens�, inclnding cost of evidence of tide and attornay fees, in sny such action or proceeding
<br />in which $enaficiary or Ttustea may appear. Should Tntstor fail to make any payment or to do aay act as
<br />and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its own
<br />discretion, without obligation so to do and without notice to or demaad upon Truator and without
<br />relieving Trustor from any obligation, may raake or do the �me in such manner and ta such extent as
<br />eithar may deem necassary to protect tha security hereof. Tn�stor shall, imm�iaYely upon demand
<br />therafor by Beneficiary, pay all costs attd expanses incurred by Benefcciary in connection with the
<br />exercise by Beneficiary of the foregoing rlghts, including, without limitation, costs of evidence of title,
<br />court costs, apptaisals, surveys and attorney f�s. Any such costs and axpenses not paid within ten (10}
<br />days of written demand shall draw interest at tha dafault rate provided in tha Note.
<br />6. Eminent Damain. Should t6e Ttvst Estate, or any part thereof or interest therein, 6e taken ot
<br />damaged by r�son of any maaner including deed in liau of condemnation ("Condemnation"), or should
<br />Tn�stor t�eceive any notice or other information regatding auch proceeding, Trustor shall give prompt
<br />written notice thereof to Benaficiary. Baneficiary shall ba antided to all compensation, awards, and other
<br />payments or relief therefor and shall be entitled at its opdon to.cotnmeuce, appear u4 and prosecute in ita
<br />own natne any action or proceed'mgs. Beneficiary shall also be entitled to make any compromise or
<br />settlement in connection with such taking or damage. All such Compensation, awazds, demages, rights of
<br />action, attd proceeds awarded to Trustor (the "Proc�eds") are hereby assignal to Beneficiary, aad Trust�r
<br />agrees to execute such further assignments of the Procaeds es Beneficiary or Trustee'may require.
<br />7. �poiintmant of Successor Trusteo. Beneficiary may, from time to time, by a written instrument
<br />execated and acknowladged by Heneficiary, mailed to Tn�ator and recorded in the county in which tha
<br />Tn�st Estata is located, and by otheta+Ise complying with tha provisions of the appllcable law of the Stats
<br />ofNebiaska, substitute a succassor or successora to tha Tn�stee named hereiu or acting hereundar.
<br />8. Succeasors aad Assign�. This Deed of Tcvst appli� to, inuras to Wa benefit of, and binds alt
<br />pattias hereto, their heirs, legatesa, devisees, persoaal repres�t►tatives, successors, and assigas: The term
<br />"Beneficiary" ahall mean the owner aad holder of the Note, whether or not namad as Benefloiary hetein.
<br />9. tions. Beneficiary, or its agants, representatives, or workmea, are authoriaed to anter at
<br />any reasonable tima upon or in any part of tha Trust Estate for the purposa of inspecting the same and for
<br />the punmse of parforming any of the acts it is authorized to perform under the terma of any of the Loao
<br />Instruments.
<br />10. �vents of Default Any of the following events shall be deamed an event of dafault hereunder:
<br />(a) Trustor shall hava failed to make paymant of any inatallment of intarest,
<br />princi�l, or principal and interest, or any other aum secured harelry
<br />within ten (10) days ofthe due data; or
<br />(b) There has occutted a br�ch of or dafault under any tarro, cov�nant,
<br />agreament, condition, provision, cept+esamation, or warranty contained in
<br />any of the Loen Inshuments or t6e Purchase Agreeme� or
<br />(c) Trustor shall sell or hansfer all or any part of tha Property or an interest
<br />there,in without Beneficiary's prior writtan consent, excluding the
<br />TCH168788.1
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