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RE-RECORDED 201901917 201806814 Pas mem of indebtedness cv ldeneed by the tie old Promissory Note of Trustor in the amount of S 5,175,00 n t;tvorol 13encficiar (the " Pnnnissory \or. 1: and B. P,l)ment of all sums ridcan,cd by Binefic ui: u. protect the Durst Estate. The indebtedness described in paragraphs A and 13 above is referred to as the "Indebtedness." Phis Second Deed of Trust, the Promissory Note of Trustor in favor of Beneficiary and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the 'Loan Instruments'. Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) the. Trust Estate is free and clear of all liens and encumbrances except for easements. restrictions and covenants of record and the I)eed of Trust from Trustor encumbering the Propert) dated 00 or about the date hereof (the "First Deed of frust"), and (iii) Trustor will defend the Trust Estate against the lawful claims of any person. To Protect the Security of this Second Deed of Trust: 1. Payment oJ'lndebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and ali other suets as provided in the Loan Instruments. 2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter levied against the Trust Estate or any part thereof, before delinquency, without notice or demand. 3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the hnprovements constituting part of the 'trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance requirements of the First Deed of—trust rust or mortgage shall he sufficient to satisfy the requirements of this paragraph 3 relating, to insurance. Trustor shall promptly repair and replace the Trust Estate 01 any part thereof so that. except thr ordinary wear and tear, the frust Estate shall not deteriorate. In no event shall the 'irustor einnmit waste 00 or to the Trust Estate, or commit. suffer or permit any act to he done in or upon the Trust Estate in violation of any law. ordinance or regulation. Trustor shall pay and promptly discharge at trustors cost and expense all liens, encumbrances and charges levied. imposed or assessed against the I rust Estate or any part thereof. 4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affcet the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses. including cost of evidence of title and attorney s' tees. in any such action or proceeding in which Beneficiary or Trustee may appear. If Trustor Mils to make :my payment or to do any act as and in the mariner pros ided in any of the Loan instruments, Beneficiary andlor Trustee, each in their own discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may stake or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary" in connection with the exercise by I3enetietary of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals. surveys and attorneys' ices. 5. Eminent Domain. If the Trust (:state, or any part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding. or in any other manner including deed in lieu thereof ("Condemnation"). or if Trustor receives any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Trustor shall be entitled to all compensation, awards and other payments or relief thereof and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. Trustor shall also he entitled to make any compromise or settlement in connection with such taking or damage. 6. Appointment of Successor Trustee, Beneficiary may, from time to time, by a written instrument executed and acknowledged by Beneficiary. mailed to Trustor and recorded in the County in which the Trust Estate is located and by otherwise complying U'ith the provisions of the applicable lase of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder, 7 Successors and Assigns. This Second Deed of trust applies to. inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees. personal representative, successors and assigns I he term " Sneficiara" shall mean the owner and holder of any promissory note given to heneticiar,. S. Merger, Consolidation, .Sales or Transfers. Trustor covenants that Trustor will not sell. transfer or otherwise dispose of any of the 'Trust Estate. In the event that Trustor sells, transfers or otherwise disposes of any part of the NIFA HBA Loan/Form H (10/2015) 4h26-5279-3571.2