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201206505
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8/7/2012 8:42:11 AM
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8/7/2012 8:42:11 AM
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DEEDS
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201206505
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�o12os�o5 <br />For the Purpose of Securing: <br />A. Payment of indebtedness evidenced by the S�ond Promissory Note of Trustor in the amount of $1,710.00 <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 S�ond Deed of Trust, the Promissory Note of Trustor in favor of Beneficiary and any other instrument given to <br />evidence or further s�ure the payment and performance of any obligation secured hereby are referred to collectively as the <br />"Loan Instruments". <br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Fstate, <br />(ii) the Trust Estate is free and clear of a111iens and encumbrances except for easements, restrictions and covenants of record and <br />the D�d of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust"), and <br />(iii) Trustor will defend the Trust Fstate against the lawful claims of any peison. <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 Insmiments. <br />2. Taxe� Trustor shall pay each installment of all taxes and sp�ial assessments of every kind, now or hereafter <br />levied against the Trust Estate ar any part thereof, before delinquency, without notice or demand <br />3. Insurance and Repairs Trustor shall maintain fire and extended coverage insurance insuring the <br />Improvements constituring part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So <br />long as the Property is secured by a first deed of irust or mortgage, compliance with the insurance requirements of the First Deed <br />of Trust or mortgage shall be sufficient to sarisfy the requirements of this paragraph 3 relating to insurance. <br />Trustor shall pramptly repair and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, <br />the Trust Estate 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 violarion of any law, ordinance or regularion. Trustor sha11 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 Estat� Trustor sha11 appear in and contest any acrion or proceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall 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 pmvided in any of the Loan Instruments, Beneficiary and/or <br />Trustee, each in their own discretion, without obligarion so to do and without norice to or demand upon Trustor and without <br />reteasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary <br />to protect the security hereof. Trustor shall, 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 limitation costs <br />of evidence of ritle, court costs, appraisals, surveys and attorneys' fees. <br />5. Erreinent Domain. 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 regatding such proce,eding, Trustor shall give prompt <br />written notice thereof to Beneficiary. Trustor shall be entitled to all compensation, awards and other payments or relief thereof <br />and shall be enritled at its option to commence, appear in and prosecute in its own name any action or proceedings. Trustor sha11 <br />also be entitled to make any compromise or settlement in connection with such taking or damage. <br />6. Appointment of Successor Truste� Beneficiary may, from time to time, by a written insmiment 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 />2 <br />NIFA HBA Advantage Loan/Form H <br />(03/2012) <br />3718.CV (4/12) 907885 GOTO(00211e29) <br />4826-5279-3871.2 <br />
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