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99 107747
<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 terms reasonably satisfactory to
<br /> Beneficiary. So long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance
<br /> requirements of the first deed of trust or mortgage shall be sufficient to satisfy the requirements of this paragraph 3 relating
<br /> 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
<br /> assessed 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
<br /> expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or
<br /> Trustee may appear. If Trustor fails to make any payment or to do any act as and in the manner provided in any of the Loan
<br /> Instruments, Beneficiary and/or Trustee, each in their own discretion, without obligation so to do and without notice to or
<br /> demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to
<br /> such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor
<br /> by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the
<br /> foregoing rights, inctuding without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees.
<br /> 5. EMINENT DOMAIN. If the Trust Estate, or any part thereof or interest therin, be taken or damaged by reason
<br /> 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
<br /> prompt written notice thereof to Beneficiary. Trustor shall be entitled to all compenstion, awards and other payments or
<br /> relief therof and shall be entitled at its option to commence, appear in and prosecute in its own name any action or
<br /> proceedings. Trustor shall also be entitled to make any compromise or settlement in connection with such taking or
<br /> 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 recarded in the County in which the Trust Estate is
<br /> located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a
<br /> successor or successors to the Trustee named herein or acting hereunder.
<br /> 7. SUCCESSORS AND ASSIGNS. This Second Deed ot 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"
<br /> shall 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 convenants 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
<br /> or not any default exists. Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent such third
<br /> party 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 /> (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 /> (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
<br /> or 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 therof; or any trustee, receiver or liquidator or Trustor or of all or any
<br /> part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be
<br /> appointed without the consent or acquiescence of Trustor and such appointment shall remain unvacated and
<br /> unstayed for an aggregate of sixty(60) days(whether or not consecutive); or
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