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To Protect the Security of this Second Deed of Trust: 200401345 <br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the indebtedness and all other <br />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 levied <br />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 Improvements <br />constituting part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So long as the <br />Property is secured by a first deed of trust or mortgage, compliance with the insurance requirements of the first deed of trust or <br />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 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 <br />be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay and promptly discharge at <br />Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate or any part <br />thereof. <br />4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect the <br />security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of <br />title and attorneys' fees, in any such 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, Beneficiary and /or Trustee, each in their own <br />discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, <br />may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor <br />shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the <br />exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys <br />and attorneys' fees. <br />5. 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 <br />receives any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. <br />Trustor shall be entitled to all compensation, awards and other payments or relief thereof and shall be entitled at its option to <br />commence, appear in and prosecute in its own name any action or proceedings. Trustor shall also be entitled to make any <br />6. Appointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located and by otherwise <br />complying with the provisions of the applicable law of the Slate of Nebraska substitute a successor or successors to the Trustee <br />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 hereto, their <br />heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder <br />of any promissory note given to beneficiary, [whether or not named as Beneficiary herein]. <br />8. Merger, Consalidation, Sales or Leases. Tustor covenants that Trustor will not sell, lease or otherwise dispose of any of <br />the Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any part of the Trust Estate, Beneficiary may at its <br />option declare the indebtedness 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 requirements contained in, and <br />assumes the obligations set forth in the First Deed of Trust. The covenants contained herein shall run with the Property and shall <br />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 hereby when due; or <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 <br />regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree shall remain <br />unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive) from the first date of entry thereof; or <br />any trustee, receiver or liquidator or Trustor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, <br />rents, issues or profits thereof, shall be appointed without the consent or acquiescence of Trustor and such appointment shall <br />remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive); or <br />Page 2 of 5 NIFA 3/96 <br />