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r <br /> 9� 99 110403 <br /> 2. Taxes. Trustor shalt pay each installment of all taxes and special assessments of every kind, now or hereafter <br /> , levied against the Tr�st Estate or any part thereof, before delinquency, without notice or demand. <br /> 3. /nsuranca and Repairs. Trustor shali 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 mortpage, compliance with the insu�ance 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, <br /> the Trust Estate shall not deteriorate. In no event shafl the Trustor commit waste on or to the Trust Estate, or commit, suffer or <br /> permit any act to be done in or upon ihe Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay and promptly <br /> discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate <br /> or any part thereof. <br /> 4. Acfions Atteciing Tiusi Estate. Trustor shall appear in and contest any action or proceeding purporting to affec; <br /> the security hereof or the rights 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 T�ustor 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/or Trustee, each in <br /> their own discretion, without obligation 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 therefor by Beneficiary, pay alI 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, 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 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 other information regarding such proceeding, 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 proceedings. Trustor shall also be entitled to make <br /> any compromise or settlement in connection with such taking or damage. <br /> 6. Appointmen! oJ Successor Trusfee. 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 /> compfying 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. Successo�s andAssigns. This Second Deed of Trust applies to,inures to the benefit of and binds all parties hereto, <br /> their heirs, legatees, devisees, personal representatives, 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/idation, Sa/es or Leases. Trusior 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 otherwise disposes of any part of the Trust Estate, Beneficiary <br /> may at its option declare the Indebtedness secured hereby immediately due a�d payable, whether or not any defauft 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 covenants contained herein shall run with the <br /> Property and shall remain in full�force and effect until the Indebtedness is paid in full. <br /> 9. Events of Defau/t. Any of the foAowing 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 against <br /> Trustor seeking a�y 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 ar decree shall <br /> remain unvacated and unstayed for an aggregate of sixty(601 days(whether or not consecutive) 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 Trustor and <br /> such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive); <br /> or <br /> HBA-7 <br />