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� 99 i10438
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<br /> 2. Taxes. Trustor s. pay each instaliment of all taxes and spec issessments of every kind, now or hereafter
<br /> levied against the Trust Estate or any part thereof, before delinquency, without notice or demand.
<br /> 3. lnsurance 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 af trust or mortpage, 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,
<br /> the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, o� commit, suffer or
<br /> permit any act to be done in or upon the Trust Estate i�violation ot any law, ordinance or regulation. Trustor shall pay and promptly
<br /> discharge at Trustor's cost and expense all liens, encumbrances and charges tevied, imposed or assessed against the Trust Estate
<br /> or any part thereof.
<br /> 4. Actions Aftecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect
<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 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/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 ma�ner and to such extent as either may deem necessary to protect the security
<br /> hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay alt 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 incfuding 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. Appointment of Successor T�ustee. Beneficiary may, from time to time, by a written instrument executed and
<br /> acknowledged by Beneficiary, maited 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 State of Nebraska substitute a successor or successors to the Trustee
<br /> named herein or acting hereunder.
<br /> 7. Successors 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 hereinJ.
<br /> S. Me�ger, Conso/idation, Sa/es or Leases. 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 otherwise disposes of any part of the Trust Estate, Seneficiary
<br /> may at its option declare the Indebtedness secured hereby immediately due and payable, whether or not any default exists.
<br /> Beneficiary shafl 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. Evenis of Defau/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 /> (c) 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 aggregate of sixty(60)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
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