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200004679
<br />Trustor shall promptly repair and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust
<br />Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, or commit, suffer or permit any act to be
<br />done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay and promptly discharge at Trustor's cost
<br />and expense all liens, encumbrances and charges levied, imposed or 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 purporting to affect the security
<br />hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title and
<br />attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. If Trustor fails to make any payment or to do
<br />any acts and in the manner provided in any of the Loan Instruments, Beneficiary and /or Trustee, each in their own discretion, without
<br />obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the
<br />same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon
<br />demand therefore 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 />S. Eminent Domain. If the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any public
<br />improvement or condemnation proceeding, or in any other manner including deed in lieu thereof ( "Condemnation "), or if Trustor receives
<br />any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof and shall be entitled at its option
<br />to commence, appear in and prosecute in its own name any action or proceedings. Trustor shall also be entitled to make any compromise or
<br />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 acknowledged by
<br />Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located and by otherwise complying with the
<br />provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting
<br />hereunder.
<br />7. Successors and Assigns. This Second Deed of Trust applies to, insures to the benefit of and binds all parties hereto, their heirs,
<br />legatees, devisees, personal representatives, successors and assigns. The term `Beneficiary" shall mean the owner and holder of any
<br />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 of any of the
<br />Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any part of the Trust Estate, Beneficiary may at its option declare
<br />the Indebtedness secured hereby immediately due and payable, whether or not any default exists. Beneficiary shall consent to a transfer of
<br />the Trust Estate to a third party to the extent such third party meets the requirements contained in, and assumes the obligations set forth in
<br />the First Deed of Trust. The convenants contained herein shall run with the Property and shall remain in full force and effect until the
<br />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
<br />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 Trustor
<br />seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree shall remain unvacated and unstayed for an aggregate
<br />of sixty (60) days (whether or not consecutive) from the first of entry thereof; 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 appointed without the consent or
<br />acquiescence of Trustor and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not
<br />consecutive); or
<br />(d) a writ of execution or attachment of any similar process shall be entered against Trustor which shall become a lien on the
<br />Trust Estate or any portion thereof or interest therein and such execution, attachment or similar process of judgment is not released, bonded,
<br />satisfied, vacated or stayed within sixty (60) days after its entry or levy; or
<br />(e) there has occurred a breach of or default under any term, covenant, agreement, condition, provision,
<br />representation or warranty contained in any prior deed of trust or mortgage affecting the Trust Estate.
<br />10. Acceleration upon Default; Additional Remedies If an event of default occurs, Beneficiary may declare the indebtedness secured
<br />hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of
<br />any kind. Thereafter, Beneficiary may:
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