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200 ©01539 <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 Repalis. Trustor shall maintain fire and extended coverage insurance insuring the Improvements <br />constituting part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So long as the <br />Property is secured by a first deed of trust or mortgage, compliance with the insurance requirements of the first deed of trust of <br />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 promptly <br />discharge at Trustor's cost and expense all liens, encumbrances and charges levied, Imposed or assessed against the Trust Estate <br />or any part thereof. <br />4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect <br />the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence <br />of 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 of the Loan Instruments, Beneficiary and /or Trustee, each in <br />their own discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from <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 Beneficiary, 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 other 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 />Beneficiary. Trustor shall be entitled to all compensation, awards and other payments or relief thereof and shall be entitled at its <br />option to commence, appear in and prosecute 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. Appointment of Successor 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 <br />complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee <br />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 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. Merger Consolidation, Sales or Leases. Trustor covenants that Trustor will not sell, lease or otherwise dispose <br />of any of the Trust Estate. In the event that 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 />Beneficiary 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 obligations 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 />Events of Default. Any of the following events shall be deemed an event of default hereunder: <br />or (a) default shall be made in the payment of the Indebtedness or any other sum secured hereby when due; <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 <br />Trustor seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, <br />law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree shall <br />remain unvacated and unstayed for an aggregate 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 />such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive); <br />or <br />