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200000403
<br /> 2. Taxes. Trustor shall pay each instaliment ot all taxes and special assessments o( every kind, now or hereaiter
<br /> levied against the Trust Estate or any part thereof, betore delinquency, without notice or demand.
<br /> 3. /nsu�anca and Rapalis. Trustor shall maintain fire and extended coverape insurance insuring the Improvements
<br /> cnnstitutinA part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So long as the
<br /> Property is secu�ed by a (irst deed ot trust or mortpage, compliance with the insurance requirements of the first deed ot trust or
<br /> mortpape shall be su((icient to satisfy the requirements ot this paragraph 3 relatinp to insurance.
<br /> Trustor shall promptly repair and replace the Trust Estate ur any part thereot so that, except for ordinary wear and tear,
<br /> tlie Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on ar to the T�ust Esta[e, or commit, sufier or
<br /> pe�mit any act to be done in or upon the Trust Estate in violation of any law,ordinance or regulation. Trustor shall pay and promptly
<br /> discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estata
<br /> or any part thereof.
<br /> 4. ActJans A/fecting T�ust Estate. Trustor shall appear in and contest any action o� proceedinfl purporting to aftect
<br /> the security hereof or the riflhts or powers af Bene(iciary or Trustee, and shall pay all costs and expenses, including cost of evidence
<br /> ot title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear. If Trustor fails to make
<br /> any payment or to do any act as and in the manner provided in any ot the Loan Instruments, Beneficiary and/or Trustee, each in
<br /> tlieir own discretion, wit�iout obliflation so to do and without notice to or demand upon Trustor and without releasinp Trustor from
<br /> any oblic�ation, may make or do the same in such manne� and to such extent as either may deem necessary to protect the security
<br /> hereot. Trustor shall, immediately upon demand theretor by 8eneficiary, pay all costs and expenses incurred by Beneficiary in
<br /> connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court
<br /> 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
<br /> any public improvement or condemnation proceeding, or in any othe� manner including deed in lieu thereof ('Condemnation"), or
<br /> if Trustor receives any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to
<br /> Bene(iciary. Trustor shall be entitled to all compe�sation, awards and other payments or relief thereof and shall be entitled at its
<br /> option to commence, appear in and prasecute in its own name any action or proceedings. Trustor shall also be entitled to make
<br /> any compromise or settlement in connection with such taking or damage.
<br /> 6. Appointineitt at Successoi T�ustae. 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
<br /> complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successars to the Trustee
<br /> named he�ein or acting hereunder.
<br /> 7. Successo�s andAssigns. This Second Deed of Trust applies to, inures to the benefit of and binds all parties hereto,
<br /> their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and
<br /> holder of any promissory note given to beneficiary, (whether or not named as Beneficiary herein).
<br /> 8. Merqer, Conso/idatlon, Sa/es or Leases. Trustor covenants that Trustor will not sell, lease or otherwise dispose
<br /> o( any of ttie Trust Estate. In tl�e event tliat Trustor sells, leases or otherwise disposes of any part of the Trust Estate, Beneficiary
<br /> may at its option declare the Indebtedness secured hereby immediately due and payable, whether or not any default exists.
<br /> Bene(iciary shall consent to a transfer of the Trust Estate to a third party to the extent such third party meets the requirements
<br /> contained in, and assumes the obliflations set forth in the First Deed of Trust. The covenants contained herein shall run with the
<br /> Property and shall remain in full�force and effect until the Indebtedness is paid in full.
<br /> 9. Evenis of Defau/t. 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 approvinfl a petition filed against
<br /> Trustor seekinfl any reorpanization, dissolutfon ar similar relief under a�y present or future federal, state or other statute,
<br /> law or regulation relatinfl to bankruptcy, insolvency or other relief for debtors, and such order, judpment or decree shall
<br /> remain unvacated and unstayed for an a49repate of sixty(60!days (whether or not consecutive) from the first date of entry
<br /> thereof; or any trustee, receiver or liquidator or Trustor or of all or any part of the Trust Estate, or of any or all of the
<br /> royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or acquiescence of Trustor and
<br /> sucl� appointment shall remain unvacated and unstayed for an aggrepate oi sixty (60) days (whether or not consecutive);
<br /> or
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