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A. Payment of indebtedness evidenced by the Second; Promissory Note of Trustor in the amount of 5,t1t)Q. ©0 <br />This Second Deed of Trust, the Promissory Note of Tru <br />once or further secure die payment and performance of any <br />n instruments "'. <br />in favor of Beneficiary (the "Promissory Note"); and <br />B. Payment atilt sums advanced by Beneficiary to protect the Trust Estate <br />The indebtedness described in paragraphs A and B above is referred to as the '`Indeb <br />favor of Settefici <br />s ti red hereby t <br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has Lawful authority <br />(ii) the Trust Estate is free and clear of all liens and encumbrances except for easements,, restrictions and cove <br />the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Dec <br />(iii) Trustor will defend the Trust Estate against the lawful claims of any person.. <br />4826- 5279 - 3871.2 <br />201706280 <br />To Protect the Security of this Second Deed of Trust: <br />I . Payment of Indebtedness. Trustor shall pay when due the principal of, and the in <br />and all her 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 />gainst the Trust Estate or any part thereof, before delinquency, without notice or demand. <br />3. !nsuranee 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 <br />lung as the Property is secured by a first deed of trust or mortgage, compliance with the insurance requirements Of <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 ear 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 AJ ect n 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. IT 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 Truster 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. Truster covenants that Trustor will not <br />otherwise dispose of any of the Trust Estate, In the event that Trustor sells, transfers or otherwise disposes <br />i, transfer or <br />ty part of the <br />NIFA HBA an/Form R <br />(10/2015) <br />