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100010881
<br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust
<br />Estate, (ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of
<br />record and the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of
<br />Trust "), and (iii) Trustor will defend the Trust Estate against the lawful claims of any person.
<br />To Protect the Security of this Second Deed of Trust:
<br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the
<br />Indebtedness and all other 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
<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 term.5 reasonably satisfactory to Beneficiary.
<br />So long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance requirements of the
<br />first deed 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 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 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 pay all costs and expenses,
<br />including cost of evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may
<br />appear. If Trustor fails to make any payment or to do any act as and in the manner provided in any of the Loan Instrument$.,
<br />Beneficiary and /or Trustee, each in their own discretion, without obligation so to do and without notice to or demand upon
<br />Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as
<br />either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay
<br />all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including
<br />without limitation costs 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
<br />reason 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
<br />shall 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
<br />executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located
<br />and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or
<br />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" shall
<br />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 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 disposes of any part of the
<br />Trust Estate, Beneficiary may at its option declare the Indebtedness secured hereby immediately due and payable, whether or
<br />not any default exists. Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent such third party
<br />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 or
<br />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 thereof; or any trustee, receiver or liquidator or Trustor or of all or any part
<br />F13340.LMO (11 /00) Page 2 of 5 NIFA 7/99
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