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20000028� �
<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 and all other
<br /> sums as provided in the Loan Instruments.
<br /> 2. T8X@S. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter levied against the
<br /> Trust Estate or any part thereof, before delinquency, without notice or demand.
<br /> 3. Insurance and Repairs. Truscor shall maintain fire and extended coverage insurance insuring the;mprovements constituting
<br /> part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So long as the Property is secured by a
<br /> first deed of trust or mortgage, compliance with the insurance requirements of the first deed of trust or mortgage shall be sufficient to satisfy
<br /> the requirements of this paragraph 3 relating to insurance.
<br /> Trustor shall promptly repair and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate
<br /> shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, or commit, suffer or permit any act to be done in
<br /> or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay and promptly discharge at Trustor's cost and
<br /> expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate or any part thereof.
<br /> 4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect the
<br /> security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title
<br /> and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear. If Trustor fails to make any payment or to
<br /> do any act as and in the manner provided in any of the Loan Instruments, Beneficiary andlor Trustee, each in their own discretion, without
<br /> obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the
<br /> same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon
<br /> demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the
<br /> foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorneys' fees.
<br /> 5. Eminent Domain. If the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any public
<br /> improvement or condemnation proceeding, or in any other manner including deed in lieu thereof ("Condemnation"), or if Trustor receives any
<br /> notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Trustor shall be entitled
<br /> to all compensation, awards and other payments or relief thereof and shall be entitled at its option to commence, appear in and prosecute in
<br /> its own name any action or proceedings. Trustor shall also be entitled to make any compromise or settlement in connection with such taking
<br /> or damage.
<br /> 6. Appointment Of SUCC@SSOI' Trustee. Beneficiary may, from time to time, by a written instrument executed and
<br /> acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located and by otherwise complying
<br /> with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or
<br /> acting hereunder.
<br /> 7. Successors and Assigns. This Second Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their
<br /> heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of any
<br /> promissory note given to beneficiary, [whether or not named as Beneficiary herein].
<br /> 8. Merger, Consolidation, Sales or Leases. Trustor covenants that Trustor will not sell, lease or otherwise dispose of any
<br /> of the Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any part of the Trust Estate, Beneficiary may at its option
<br /> declare the indebtedness secured hereby immediately due and payable, whether or not any default exists. Beneficiary shall consent to a
<br /> transfer of the Trust Estate to a third party to the extent such third party meets the requirements contained in, and assumes the obligations
<br /> set forth in the First Deed of Trust. The covenants contained herein shall run with the Property and shall remain in full force and effect until
<br /> the indebtedness is paid in full.
<br /> 9. Events of Default. Any of the following events shall be deemed an event of default hereunder:
<br /> (a) default shall be made in the payment of the indebtedness or any other sum secured hereby when due;
<br /> or
<br /> (b) Trustor shall perform any act in bankruptcy; or
<br /> (c) a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Trustor seeking any
<br /> reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to
<br /> bankruptcy, insoNency or other relief for debtors, and such order, judgment or decree shall remain unvacated and unstayed for an
<br /> aggregate of sixty (60) days (whether or not consecutive) from the first date of entry thereof; or any trustee, receiver or liquidator or
<br /> Trustor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be
<br /> appointed without the consent or acquiescence of Trustor and such appointment shall remain unvacated and unstayed for an aggregate
<br /> of saty (60) days (whether or not consecutive); or
<br /> F73340.LMG (B/9A) Page 2 of 5
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