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<br />and that the Property is unenct�tnbered 1�y any mortgage, trust deed,
<br />and/or contract to purchase.
<br />3. Taxes. Tr�stor shall pay each iristallment of al1 taa�es and special assessments of every kind, how
<br />or 1lereafter levied against the Trust Estate or �ny pai-t tliereof, before delinque�cy, without notice ar
<br />demanc�, and shall provide Beneficiary wit� evi�lence of the payinent of same. Trustor shal� pay all taxes
<br />and assessments which may be levied upon Beneflciaty's interest het-ein or upon this Deed of Trust ot the
<br />debt secured here�y without regard to any law that inay l�e enacted offering payment of the whole or any
<br />part thereof upon Beneficiary.
<br />4. tns�rance and Re airs. Tnisto'r sha11 provide to Beneficiary proof af and thereafter maintain
<br />comprehensive �iuilder's risk it�surarice coverage insuring the construction of the improvements on the
<br />Trust Estate. Such insuran�e policy shall cor�taii� a standard mortgage'clause in favor of Beneficiary and
<br />shall not be cahcelable, termiriable, or modifiable �vithout ten (10) c�ays prior written notice to
<br />Beneficiary. Trustor shall promptly repair, maintain, and replace the "I'rust Estate or any part thereof so
<br />t�►at, except for ot�dit�ary w�ar and tear, the Trust Est�te s��ll not z��ter.iot-ate. tn iao event shall Tt
<br />conduct Vvaste on or ta the Tn1st Estate.
<br />5. Actions Affecting Trust Estate. Ttustor sh�ll appear in and contest any aetion or proceeding
<br />purporting to affect the sect�rity hereof or the rights or powers of Beneficiary or Trustee �nd shall pay all
<br />costs atid expenses, incltzding cost of eviclence of title �nc� attorney fe�s, in any sUCh action or proceeding
<br />in which Beneficiary ot Trustee tr�ay appear. Shoi►ld Tnistor fail to inake �ny payment o`r to do any act as
<br />and in the manner provided in any of the Lban Instirumerits, Beneficiary and/or Trustee, each in its own
<br />discretion, without obligation so to do ancl without notice to or demand 'upon Trustor and without
<br />relieving Trustor from any obligation, may make or do the same in such manner and to such extent as
<br />either may deem hecessary to protect the security hereo£ Trustor shall, immediately upon demand
<br />there£or by Beneficiary, pay all costs anc� expenses ii�curred by Bene�ciary in connection with the
<br />exercise by Beneficiary of the foregoing rights, incl�tdirig, withot►t limitation, costs of evidence of title,
<br />court costs, appraisals, surveys anc� attorney fees. Any suCh costs and expenses not paid within ten (10)
<br />days of written demand shall draw interest at the de�'a�lt t�ate provided in the Note.
<br />6. Eminent Domain. Should the Trust Estate, ot� any part tl�ereof or interest therein, be taken or
<br />damaged by reasori of any mannei� inclttding deec� il� lieu of condemi��tiori ("Condemnation"), or should
<br />Trustor 1 any notice o'r nther information `regarcling such proceeding, Trustor shall give. prompt
<br />written notice thereof to Beneficiary. Benefici�ry shall be �ntitled to all compensatian, awarc�s, and other
<br />payments or relief therefor and shall �ie entitled at its option to commence, appeat� in, and prasecute in its
<br />owri name any action or �roceedirtgs. Bet�eficiary sh�ll also be entitled to make ariy compromise or
<br />settlement in connection with such taking nr damage. Ail sUch Compensation, awards, damages, "rights of
<br />action, and proceeds awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary, and. Tru�tor
<br />agrees to execute st►ch further assigriments of'the �'roceec�s as $eneficiary or Trustee may require..
<br />7. A ointtnent of Successot� Trustee. Beneficiaty tnay, from time to time, by a written instrument
<br />executed and ackhowledgecl by Beneficiaiy, Inailed to Trustor and 'recorded in the couniy in which the
<br />Trust Estate is located, at�c� by atherwise complying witli the provisions of the applicable law of the State
<br />of Nebraskat, substitute a succassor or successors to the Trustee named herein or acting h�reunder.
<br />8. Successors and Assi�ns. This Deed of Tnist applies to, in�res to the benefit t�f, and binds all
<br />parties liereto, their heirs, legatees, devisees, personal representatives, successors, and assigns. The tertn
<br />"Beneficiary" shall mean the owner ancl holder of tlie Note, whether or i�ot named as Beneficiary herein,
<br />9. Inspections. .Beneficiary, or i�s agehts, representatives, or workmen, are authorizecl to enter, at
<br />any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same and for
<br />the purpose o� perfoirming any of the acts it is aufhorized to perfonn under t�e terms of any of the Loan
<br />Instruments.
<br />10. $vents of Defau�t. Any of the fol�owing events shal� be deemed ah evetit of de�ault hereunder: '
<br />(a) Ti�ustor shall have f�i�ed to make payment of any installment bf interest,
<br />prit�cipal o� principal �rid i�terest, o� any other sUm secured hereby
<br />withiri ten (10) days of tlie due date; or
<br />(b) There lias occurred a bt�each of ot de£ault undex .any term, covenant, ,
<br />agreemeht, condition, provisioh, representation or warranty containecl it�
<br />arly of tlie Loan Iristruments or the Purchatse Agree►nent; or
<br />�C�
<br />TCH\56788.1
<br />Trustor shall sell or transfer a11 or any part of the Properky or an interest �
<br />therein without Beneficiary's prior written ..consent, .excluding the
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