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99 i �o9s�
<br /> 2. Taxes. Trustor shall pay each installment o( all taxes and special assessments of every kind, now or herea(te�
<br /> levied apainst the T�ust Estate or any part thereof, before delinquency, without notice or demand.
<br /> 3. /nsuranca and Repalis. Trustor shall maintain tire and extended coverape insurance insuring the Improvements
<br /> constituting part of the T�ust Estate for such amounts and on such terms reasonably satistactory to Beneficiary. So long as the
<br /> Property is secu�ed by a tirst deed of trust o� mortpage, compliance with the insurance requirements of the tirst deed ot trust or
<br /> monpage shall be sufficlent to satisfy the requirements of this pa�agraph 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 T�ustor commit waste on or to the Trust Estate, or commit, sufter or
<br /> permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or�egulation. Trusio�shall pay and promptty
<br /> discha�pe at Trusto�'s cost and expense all liens, encumbrances and charges levied, Imposed or assessed against the Trust Estate
<br /> or any part thereof.
<br /> 4. Acf/ons A/lecting Tiust Estate. Trustor shall appear in and contest any action or proceeding purporting to atfect
<br /> the security hereof or the riflhts or powers of Beneticiary 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 /> tlieir own discretion, witfiout obliflation so to do and without notice to or demand upon Trustor and without releasinp Trustor from
<br /> any obligation, may make or do the same in such man�e� and to such extent as either may deem necessary to protect the security
<br /> I�erao(. 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/nent 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 proceedi�g, or in any other manner including deed i� 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 damafle.
<br /> 6. Appointinent af Successa� T�ustae. 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 actinp hereunder.
<br /> 7. Successnis 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. Merger, Conso/Idatlon, Sa/as or Leases. Trustor covenants that Trustor will not sell, lease o� otherwise dispose
<br /> of any of tfie Trust Estate. In tl�e event tl�at 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 obli�ations set forth in the First Oeed of Trust. The covena�ts contained herein shall run with the
<br /> Property and shall remain i� 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;
<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 approvinp a petition tiled a�ainst
<br /> Trustor seeking any reorpanization, disso�utlon or similar relief under any present or future federal, state or other statute,
<br /> law or regulation relating to bankruptcy, insolvency or other �elief 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) trom the(irst date of entry
<br /> thereof; ar any trustee, �eceiver or liquidato� or Trustor o� of all or any part of the Trust Estate, or of any or all of the
<br /> royalties, revenues, rents, issues nr p�ofits thereof, shall be appointed without the consent or acquiescence ot Trustor and
<br /> sucti appointment shall remain unvacated and unstayed (or an apgrepate ot sixty (60) days (whether or not co�secutivel;
<br /> or
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