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201200686
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Last modified
3/19/2012 3:47:35 PM
Creation date
1/27/2012 8:30:48 AM
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DEEDS
Inst Number
201200686
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20120068G <br />For the Purpose of Securing: <br />A. Payment of indebtedness evidenced by the Second Promissory Note of Trustor in the amount of $3,190.00 <br />in favor of Beneficiary (the "Promissory Note"); and <br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate. <br />The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness." <br />This Se�ond Deed of Trust, the Promissory Note of Trustor in favor of Beneficiary and any other instrument given to <br />evidence or further secure the payment and performance of any obligarion secured hereby are referred to collectively as the <br />"Loan Instruments". <br />Trustor covenants that (i) Trustor holds ritle to the Trust Estate and has lawful authority to encumber the Trust Estate, <br />(ii) the Trust Estate is free and clear of a111iens and encumbrances except for easements, restricrions and covenants of record and <br />the Deed of Tnist from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of TrusY'), and <br />(iii) Trustor will defend the Trust Estate against the lawful claims of any person. <br />To Protect the Security of this Second Deed of Trust: <br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness <br />and all other sums as provided in the Loan Instruments. <br />2. Taxe� Tnistor shall pay each installment of all ta�ces and special assessments of every kind, now or hereafter <br />levied against the Trust Fstate or any part thereof, before delinquency, without notice or demand <br />3. Insurance ¢nd Repairs Trustor shall maintain fire and extended coverage insurance insuring the <br />Improvements consrituflng part of the Trust Estate for such amounts and on such teTms reasonably satisfactory to Beneficiary. So <br />long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance reyuirements of the First Deed <br />of Trust or mortgage shall be sufficient to sarisfy the requirements of this paragraph 3 relaring to insurance. <br />Trustor shall promptly repair and replace the Trust Estate or any part thereof so that, except for ordinary wear and teaz, <br />the Trust Fstate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, or commit, suffer or <br />permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay and <br />promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the <br />Trust Estate or any part thereof. <br />4. Actions Affecting Trust Estate. Trustor shall appear in and contest any acrion ar proceeding purporting to <br />afFect the security hereof or the rights or powers of Beneficiary or Trustee, and sha11 pay all costs and expenses, including cost of <br />evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear. If Trustor <br />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 <br />Trustee, each in their own discnetion, without obligation so to do and without notice to or demand upon Trustor and without <br />releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may d�m necessary <br />to protect the security hereof. Trustor sha11, immediately upon demand therefor by Beneficiary, pay all costs and expenses <br />incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitarion costs <br />of evidence of dtle, wurt costs, appraisals, surveys and attomeys' fees. <br />5. Emihe�zt Dorrtain. If the Trust Estate, or any part ther�f or interest therein, be taken or damaged by reason <br />of any public improvement or condemnation proceeding, or in any other manner including deed in lieu thereof <br />("Condemnation"), or if Trustor receives any notice or other information regarding such proceecling, Trustor shall give prompt <br />written notice thereof to Beneficiary. Trustor shall be entitled to all compensarion, awards and other payments or relief thereaf <br />and shall be enritled at its oprion to commence, appear in and pros�ute in its own name any acrion or proceedings. Trustor shall <br />also be entitled to make any compromise or settlement in connection with such taking or damage. <br />6. Appoinhnent of Successor Truste� Beneficiary may, from time to time, by a written insmament executed <br />and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located and by <br />otherwise complying with the provisions of the applicable law of the State of Nebraska subsritute a successor or successors to the <br />Trustee named herein or acting hereunder. <br />3718.CV (8/11) 906821 2 <br />NIFA HBA Loan/Form H <br />(08/10) <br />GOTO(OOIbca9d) <br />
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