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99 11077 �
<br /> 2. Taxes. Trustor shall pay each installment of all taxes a�d special assessments of every kind, now or herea(te�
<br /> levied apainst the Trust Estate or any part thereo(, before delinquency, without notice or demand.
<br /> 3. /nsu�anca and Repa/rs. Trustor shall maintain fire and extended coverape insurance insuring the Improvements
<br /> constitutinp part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneticiary. So long as the
<br /> Property is secu�ed by a (irst deed oi trust or morteape, compliance with the insurance requirements of the first deed o( trust or
<br /> mortflape shall be sufficient to satisfy the requirements of this paragraph 3 relatine 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 sha0 the Trustor commit waste on or to the Trust Estate, or commit, suffer or '
<br /> permit any act to be done in or upon the Trust Estate in violation ot any law, ordinance or repulation. Trustor shall pay and promptly
<br /> discharge at Trustor's cost and expe�se all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate '
<br /> or any part thereof.
<br /> 4. Actlons A/lecting Tiust Estate. Trustor shall appear i� and contest any action or proceedinp purporting to affect
<br /> the security hereo( or the riflhts or powers of Bene(iciary or Trustee, and shall pay all costs and expenses, includi�g cost of evidence
<br /> ot title and attorneys' tees, 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 ot 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 releasinp Trustor from
<br /> any obli�ation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security
<br /> heraol. Trustor shall, immediately upon demand therefor 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, appraisals, surveys and attorneys' fees.
<br /> 5. Em/neni Domain. If the Trust Estate, o� 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 ("Condem�ation"), 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 othe� 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. Appointi»ent ot Successo� Trustae. 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 /> 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 actinfl hereunder.
<br /> 7. Succasso�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 hereinJ.
<br /> 8. Ma�gar, Conso/idatlon, Sa/es o�Leases. Trustor covenants that Trustor will not sell, lease or atherwise 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 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 7rust. The covenants contained herein shall run with the '
<br /> Property and shalt remain in full•force and effect until the Indebtedness is paid in full.
<br /> 9. Events of Delau/t. Any of the foflowing evenis 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 tiled aflainst
<br /> Trustor seekinfl any reorflanization, 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, judpment or decree shall
<br /> remain unvacated and unstayed for an aggregate of sixty(60)days(whether or not consecutive) trom the first date of entry
<br /> thereof; or any trustee, receiver or liquidator or Trustor or of all or any part of the T�ust Estate, or of any or all of the
<br /> royalties, �evenues, rents, issues or profits thereot, shall be appointed without the consent or acquiescence of Trustor and
<br /> such appointment shaU �emain unvacated and unstayed (or an apprepate of sixty (60) days (whether or not consecutive);
<br /> or
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