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20150304 :
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<br /> A. Payment of indebtedness evidenced by the Second Promissory Note of Trustor in the amount of$ 2,675.00
<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 Second 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 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 Estate,
<br /> (ii)the Trust Estate is free and clear of all liens and encumbrances except for easements,restrictions and covenants of record and
<br /> the Deed 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 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. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind,now or hereafter
<br /> levied against the Trust Estate or 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 constituting 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 trust or mortgage,compliance with the insurance requirements of the First Deed
<br /> of Trust or mortgage shall be sufficient to satisfy 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,
<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 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 action 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 provided in any of the Loan Instruments, Beneficiary and/or
<br /> Trustee, each in their own discretion, 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 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 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
<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 proceeding, 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 entitled at its option to commence,appear in and prosecute in its own name any action or proceedings. Trustor shall
<br /> also be entitled to make any compromise or settlement in connection with such taking or damage.
<br /> 6. Appointment of Successor Trustee. Beneficiary may, from time to time,by a written instrument 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 substitute a successor or successors to the
<br /> Trustee named herein or acting hereunder.
<br /> 7. Successors and Assigns. This Second Deed of Trust applies to,inures to the benefit of and binds all parties
<br /> hereto,their heirs, legatees, devisees, personal representatives, successors and assigns. The term"Beneficiary" shall mean the
<br /> owner and holder of any promissory note given to beneficiary.
<br /> 8. Merger, Consolidation, Sales or Transfers. Trustor covenants that Trustor will not sell, transfer or
<br /> otherwise dispose of any of the Trust Estate. In the event that Trustor sells,transfers or otherwise disposes of any part of the
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<br /> NIFA HBA Loan/Form H
<br /> (04/2014)
<br /> 4826-5279-3871.2
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