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99 1070� �
<br /> 2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereaiter
<br /> levied against the Trust Estate or any part thereof, before delinquency, without notice o� demand.
<br /> 3. /nsurance and Repalrs. Trustor shall maintain fire and extended coverage insurance insuring the Improvements
<br /> constituting part of the Trust Estate fo� such amounts and on such te�ms �easonably satisfactory to Beneficiary. So long as the
<br /> Property is secu�ed by a first deed of trust or mortpage, compliance with the insu�ance requirements of the first deed of trust or
<br /> mortgape shall be sufficient to satisty the requirements of this paragraph 3 relatine to insurance.
<br /> Trusto� shall promptly repair and replace the Trust Estate or any part thereof so that, except for ordinary wea� 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 o�upon the T�ust Estate in violation of any law,ordinance or repulation. Trustor shall pay and promptly
<br /> discharge at Trustor's cost and expense all lie�s, encumbra�ces and charges levied, imposed or assessed against the Trust Estate
<br /> or a�y part thereof.
<br /> 4. Actlons A//ecting Tiust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect
<br /> the security hereof or the�ights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence
<br /> of title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear. If Trustor fails to make
<br /> any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/ar Trustee, each in
<br /> their own discretion, without obligatio� so to do and without notice to or demand upon Trustor and without releasing Trustor from
<br /> any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security
<br /> hereof. Trustor shall, immediately upon demand therefo� by Beneficiary, pay all costs and expenses incurred by Beneficiary in
<br /> connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court
<br /> costs, appraisats, 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 of
<br /> any public improvement or condemnation proceeding, or in any other manner including deed in lieu thereof ("Condemnation"), or
<br /> if Trustor receives any notice or oiher information regardi�g such p�oceeding, Trustor shall give prompt written notice thereof to
<br /> Beneficiary. Trustor shall be entitled to all compensation, awards and other payments or relief thereof and shall be entitled at its
<br /> option to commence, appear in and prosecute in its own name any action or p�oceedings. Trustor shall also be entitled to make
<br /> any compromise or settlement in connection with such taking or damage.
<br /> 6. Appointmeni af Successor Trustee. Beneficiary may, from time to time, by a written i�sirument executed and
<br /> acknowledged by Beneficiary, mailed to Trustor and recorded i�the County in which the Trust Estate is tocated and by otherwise
<br /> complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee
<br /> named herein or acting hereunder.
<br /> 7. Successors andAsslgns. This Second Deed of Trust applies to,inures to the benefit of and binds all parties hereto,
<br /> their heirs, legatees, devisees, personal represeniatives, successors and assigns. The term'Beneficiary" shall mean the owner and
<br /> holder of any promissory note given to beneficiary, (whether or not named as Beneficiary herein).
<br /> 8. Merger, Conso/idailon, Sa/es o�Leasas. Trustor covenants that Trustor will not sell, lease or otherwise dispose
<br /> of any of the Trust Estate. In the event that Trustor sells, leases or othervvise disposes of any part of the Trust Esiate, Beneficiary
<br /> may at its option declare the Indebtedness secured hereby immediately due and payable, whether or not any default exists.
<br /> Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent such third party meets the requirements
<br /> contained in, and assumes the obligations set forth in the First Deed of Trust. The cove�ants contained herein shall �un with the
<br /> Property and shall remain in full•force and effect until the Indebtedness is paid in full.
<br /> 9. Events of Detau/t. 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;
<br /> or
<br /> (b) Trustor shall perform any act in bankruptcy; or
<br /> lc) a court of competent jurisdiction shall enter an order,judgment or decree approving a petition filed against
<br /> Trustor seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute,
<br /> law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree shall
<br /> remain unvacated and unstayed for an aggrepate of sixty(60)days(whether or not consecutivel from the first date of entry
<br /> thereof; or any trustee, receiver or liquidator or Trustor or of all or any part of the Trust Estate, or of any or all of the
<br /> royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or acquiescence of Trusto�and
<br /> such appointment shall remain unvacated and unstayed for an aggregate oi sixty (60) days (whether or not consecutive);
<br /> or
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