Laserfiche WebLink
200002422 <br />2 TAXES. Trustor shall pay each installment of all taxes and special assessments of every kind, now or <br />hereafter 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 <br />Beneficiary. So long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance <br />requirements of the first deed of trust or mortgage shall be sufficient to satisfy the requirements of this paragraph 3 relating <br />to insurance. <br />Trustor shall promptly repair and replace the Trust Estate or any part thereof so that, except for ordinary wear and <br />tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, or commit, <br />suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall <br />pay and promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or <br />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 <br />purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and <br />expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or <br />Trustee may appear. If Trustor fails to make any payment or to do any act as and in the manner provided in any of the Loan <br />Instruments, Beneficiary and /or Trustee, each in their own discretion, without obligation so to do and without notice to or <br />demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to <br />such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor <br />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 attorney's fees. <br />5. EMINENT DOMAIN. If the Trust Estate, or any part thereof or interest therin, 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 <br />prompt written notice thereof to Beneficiary. Trustor shall be entitled to all compenstion, awards and other payments or <br />relief therof and shall be entitled at its option to commence, appear in and prosecute in its own name any action or <br />proceedings. Trustor shall also be entitled to make any compromise or settlement in connection with such taking or <br />damage. <br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument <br />executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is <br />located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a <br />successor or successors to the 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 <br />parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" <br />shall mean the owner and holder of any promissory note given to beneficiary, (whether or not named as Beneficiary herein). <br />8. MERGER, CONSOLIDATION, SALES OR LEASES. Trustor convenants that Trustor will not sell, lease or <br />otherwise dispose of any of the Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any part of the <br />Trust Estate, Beneficiary may at its option declare the Indebtedness secured hereby immediately due and payable, whether <br />or not any default exists. Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent such third <br />party meets the requirements contained in, and assumes the obligations set forth in the First Deed of Trust. The covenants <br />contained herein shall run with the Property and shall remain in full force and effect until 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 />or <br />(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 <br />against Trustor seeking any reorganization, dissolution or similar relief under any present or future federal, state <br />or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, <br />judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not <br />consecutive) from the first date of entry therof; or any trustee, receiver or liquidator or Trustor or of all or any <br />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 <br />unstayed for an aggregate of sixty (60) days (whether or not consecutive); or <br />2 <br />