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2411a9520 For the Purpose of Securing: A. Payment of indebtedness evidenced by the Second Promissory Note of Trustor in the amount of $1,175.00 in favor of Beneficiary (the "Promissory Note"); and B. Payment of all sums advanced by Beneficiary to protect the Trust Estate. 'The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness." This Second Deed of Trust, the Promissory Note of Trustor in favor of Beneficiary and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan Instnunents". Trustor covenants that (i) Trustor holds title to the Trust Estake and has lawful authority to encumber the Trust Fstate, (ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restricrions and covenants of record and the Deed of Trust from Trustor encumbering the Properiy dated on or about the date hereof (the "First Dced of Trust"), and (iii) Trustor will defend the Trust Estate against the lawful claims of any peison. To Protect the Securtty of this Second Deed of Trust: 1. Payment of Itadebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and all other sums as provided in the Loan Instruments. 2. Taxes Trustor shall pay each installment of all taxes and sp�ial assessments of every kind, now or hereafter levied against the Trust Estate or any part thereo� before delinquency, without notice or demand 3. Irasurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the Improvements constituting part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So long as the Property is s�ured by a first deed of trust or mortgage, compliance with the insurance requirements of the First De�d of Trust or mortgage shall be sufficient to satisfy the requirements of this paragraph 3 relaring to insurance. Trustor sha11 promptly repair and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate sha11 not deteriorate. In no event shall the Trustor commit waste on or to the Trust Fstate, or commit, suffer or permit any act to Ue done in or upon the Trust Estate in violation of any law, ordinance or regulation Trustor shall pay and promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate or any part thereof. 4. Actions Affecting Trust Estat� Trustor sha11 appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and sha11 pay all costs and expenses, including cost of evidence of ritle and attorneys' fees, in any such acrion or proc�ding in which Ben�ciary or Trustee may appear. If Trustor fails to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in their own discrerion, without obligarion so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor sha11, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connecrion with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of ritle, court costs, appraisals, surveys and attorneys' fees. 5. Eminent Domain. If the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner including deed in lieu thereof ("Condemnation"), or if Trustor receives any norice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Trustor shall be enritled to all compensarion, awards and other payments or relief thereof and sha11 be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. Trustor shall also be entitled to make any compromise or settlement in connection with such taking or damage. 6. Appointme�t of Successor Truste� Beneficiary may, from rime to time, by a written instr�ment executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located and by otherwise complying with the pmvisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. 3718.CV (8/I1) 906486 2 NIFA HBA Loan/Form H (08/10) GOTO(0O160b39)