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2. Taxes. Trustor shall pay eacr Stallment of all taxes and s eci�l assessme� of every kind, now or herealter <br /> levied apainst the Trust Estate or any part ther...,,'before delinquency, witho��`lnotfce or den d. <br /> � 2U (� r1 �; � 854 <br /> 3. /nsurance and Repalrs. Trustor shall maintain Ilre and extended coverage insurance insuring the Improvements <br /> constitut(ng part of the 7rust Estata tor sucf� amounts and on such terms reasonably satis(actory to Beneficiary. So (ong as the <br /> Pr� •ty Is secured by a ffrst deed of trust or mortgage, compllance with tl�e insurance requirements o( the Iirst deed ot trust or <br /> m� �ge shal) be sufftcient to satisly the requirements ol this paragraph 3 relating to insurance. <br /> Trustor shall promptly repair and replace the Trust Estate or any part tliereof so ttiat, except for ordinary wear and tear, <br /> the Trust Estate shall not deterforate. 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 Estata In violatlon ot any law, ordinance or repulation. Trustor shall pay and promptly ' <br /> discharpe at Trustor's cost and expense all liens, encumbrances and charges levied, irnposed or assessed against the 7rust Estate <br /> or any part thereot. <br /> 4. Actlons A1/ecting Trust Estafe. 7rustor st�all appear in and contest any action or proceeding purportinA to alfect <br /> the security hereo( or the riphts or powers of Beneficlary or Trustee, and shall pay all costs and expenses, Including cost ot evidence <br /> of title and attorneys' lees, fn any such action or proceeding In which Beneficiary or T�ustee may appear. If Trustor talls ta make <br /> any payment or to do any act as and in tl�e manne'r provided in any o( the Loan Instruments, Beneficiary and/or Trustee, each fn <br /> thelr own discretlon, without obligation so to do and witf�out notice to or demand upon Trustor and without releasfng Trustor I�om <br /> any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security <br /> hereof. Trustor shall, immediately upon demand therefor by eenelfciary, pay all costs and expenses incurred by eeneficiary In <br /> connection with the exercise by Beneficiary ot the (oregoing rights, including without limitation costs of evidence of title, court <br /> casts, appraisals, surveys and attorneys' tees. <br /> 6. Eminenf Domaln. II the Trust Estate, or any part thereol or interest tlierein, be taken or damaged by reason ot <br /> any public improvement or condemnation proceeding, or in any otl�er manner including deed in tieu tf�ereof ("Condemnation"), or <br /> ft Trustor receives any notice or other Informadon regarding such p�oceeding, Trustor shall give prompt written notice thereot to <br /> 8eneli�laty. Trustor shall be entitled to all compensation, awards and other payments or relief tt�ereo( and shall be entitled at its <br /> optlon to commence, appear in and prosecute in its own name any action or proceedings. Trustor sliall also be entitled to make <br /> any compromise or settlement In connection with such taking or damage. <br /> 6. Appolnlment o!Successor Tiuslee. Beneliciary may, from time to time, by a written instrument executed and <br /> acknowledged by 8eneficlary, mailed to Trustor and recorded fn the County in wf�icli the Trust Estate is located and by otherwise <br /> c 'yinp with lhe prov(slons ol the applicable law of the State of Nebraska subslitute a successor or successors to tfie Trustee <br /> na�,.�d herein or acting hereunder. <br /> 7. Successors and Assigns. This Second Deed of 7rust applies to, inures to tl�e benetit of and binds all parties hereto, <br /> tl�eir hel�s, (epatees, devisees, personal representatives, successors and ass(gns. The term "Beneficiary" shail mean the owner and <br /> holder of any promissory note given to beneliciary, (whether or not named as eeneficiary I�ereinl. <br /> 8. Merger, Consolldafion, Sales or Leases. Trustor covenants that Trustor will not sell, lease or otherwise dispose <br /> ot any oi the Trust Estate. In the event that Trustor sells, leases or otlierwise disposes of any part ol tt�e Trust Estate, Beneliciary <br /> may at Its option declare the Indebtedness secured hereby Immediately due and payable, wf�etl�er or not any default�exists. <br /> 8eneliclary shall consent to a transfer oI the 7rust Estate to a third party to the extent sucl� third party meets the requirements <br /> contained In, and assumes the obligations set tortl� In the First Deed ot 7rust. The covenants contained herein shall run with the <br /> Property and shall remain In tull�torce and effect unt(I the Indebtedness !s paid in full. <br /> 9. Evenfs o/De/au/f. Any of the following events shall be deemed an event o( default t�ereunder: <br /> (a) deFault shall be made in the payment of the Indebtedness or any other sum secured hereby when due; <br /> or i <br /> (b) 7rustor shall petform any act (n bankruptcy; or ' <br /> (c) a court of competent Jurisdict(on shall enter an order, judgrnent or decree approving a petltion filed against <br /> Trustor seeking any reorganization, d(ssolutlon or simflar relie( under any present or tuture (ederal, state or other statute, <br /> law or repulation relating to bankruptcy, insolvency or other relief for debtors, and sucf� order, �udgment or decree shall <br /> remafn unvacated and unstayed for an aggregate ot sixty(60)days (whether or not consecutive) from tt�e first date of entry <br /> thereo(; or any trustee, reeeiver or liquidator or Trustor or ot all or any part ot the Trust Estate, or ot any or all ot the <br /> royalties, revenues, rents, issues or proflts thereof, shall be appointed witl�out the consent or acquiescence ot Trustor and <br /> such appolntment shall remain unvacated and unstayed lor an aggrepate of sixty (60) days (whether or not consecutivel; <br /> or <br /> u <br /> � <br />