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99 1U9079
<br /> Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate,
<br /> (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 /> TrusY'), 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 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 shalll 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 Affeciing Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to
<br /> affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including
<br /> cost of evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear.
<br /> If Trustor fails to make any 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 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,
<br /> pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights,
<br /> including 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 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 compensation, awards and other payments or
<br /> relief thereof 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 Trusiee. Beneficiary may, from time to time, by a written instrument executed
<br /> and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located and by
<br /> otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors
<br /> to the Trustee named herein or acting hereunder.
<br /> 7. Succcessors and Assigns. This Second Deed of Trust applies to, inures to the benefit of and binds all
<br /> parties hereto, their Faeirs,`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 hereinJ.
<br /> 8. Merger, Consolidation, Sales or Leases. Trustor covenants that Trustor will not sell, lease or otherwise
<br /> dispose of any of the Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any part of the Trust
<br /> 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
<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 DefaulL 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
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