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200006675
<br />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
<br />satisfactory to Beneficiary. So long as the Property is secured by a first deed of trust or mortgage,
<br />compliance with the insurance requirements of the first deed of trust or mortgage shall be
<br />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
<br />ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit
<br />waste on or to the Trust Estate, or commit, suffer or permit any act to be done in or upon the Trust
<br />Estate in violation of any law, ordinance or regulation. Trustor shall pay and promptly discharge
<br />at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed
<br />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
<br />pay all costs and expenses, including cost of evidence of title and attorneys' fees, in any such
<br />action or proceeding in which Beneficiary or Trustee may appear. If Trustor fails to make any
<br />payment or to do any act as and in the manner provided in any of the Loan Instruments,
<br />Beneficiary and/or Trustee, each in their own discretion, without obligation so to do and without
<br />notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or
<br />do the same in such manner and to such extent as either may deem necessary to protect the
<br />security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs
<br />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,
<br />surveys and attorneys' fees.
<br />5. Eminent Domain. If the Trust Estate, or any part thereof or interest therein, be taken or damaged
<br />by reason of any public improvement or condemnation proceeding, or in any other manner
<br />including deed in lieu thereof ('Condemnation"), or if Trustor receives any notice or other
<br />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
<br />thereof and shall be entitled at its option to commence, appear in and prosecute in its own name
<br />any action or proceedings. Trustor shall also be entitled to make any compromise or settlement in
<br />connection with such taking or 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
<br />which the Trust Estate is located and by otherwise complying with the provisions of the applicable
<br />law of the State of Nebraska substitute a successor or successors to the Trustee named herein or
<br />acting hereunder.
<br />7. Successors and Assigns. This Second Deed of Trust applies to, inures to the benefit of and binds
<br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns.
<br />The term "Beneficiary" shall mean the owner and holder of any promissory note given to
<br />beneficiary, [whether or not named as Beneficiary herein.]
<br />8. Merger, Consolidation, Sales or Leases. Trustor covenants 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
<br />disposes of any part of the Trust Estate, Beneficiary may at its option declare the Indebtedness
<br />secured hereby immediately due and payable, whether or not any default exists. Beneficiary shall
<br />consent to a transfer of the Trust Estate to a third party to the extent such third party meets the
<br />requirements contained in, and assumes the obligations set forth in the First Deed of Trust. The
<br />covenants contained herein shall run with the Property and shall remain in full force and effect
<br />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 />(a) default shall be made in the payment of the Indebtedness or any other sum secured
<br />hereby when due;
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