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99 112114 <br /> 2. Taxas. Trustor shall pay each installme�t ot all taxes and special assessments o( every kind, now or herea(tei <br /> levied apainst the Trust Estate o� any part thereof, before delinquency, without notice or demand. <br /> 3. /nsurance and Rapalis. Trustor shall maintain fire and extended coverage insurance i�suring the Improvements <br /> constituting part o( the Trust Estate (or such amounts and on such terms reasonabiy satisiactory to Beneficiary. So long as the <br /> Property is secured by a first deed oi trust or mortpage, compliance with the insurance requirements of the first deed ot trust or <br /> mortpage shall be sufficient to satisfy the requirements of this paragraph 3 relating to insurance. <br /> Trustor shall promptly �epair and replace the Trust Estate or any part thereoi so that, except tor ordinary wear and tear, <br /> tfie Trust Estate shall not deteriorate. In no event shall the T�ustor commit waste on or to the Trust Estate, or commit, suffer or <br /> pe�mit any act to be done in or upon the Trust Estate in violation of any law,ordinance or regulation. Trustor shall pay and p�omptly <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. Act/ons Altect/ng Tiust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect <br /> the security hereof or the ric�hts or powers of Bene(iciary a�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 tails 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 /> tlieir own discretion, witliout obligation so to do and without notice to or demand upon Trustor and without releasinp Trustor from <br /> any oblic�ation, 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 afl 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 irnprovement 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 p�oceeding, Trustor shall give prompt written �otice thereof to <br /> Bene(iciary. Trustor shall be entitled to all compensatian, awards and other payments o� 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 af Successo� Trustee. 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 provisio�s 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. Successors andAsslgns. 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/es or Leases. Trustor covenants that Trustor will not sell, lease or otherwise dispose <br /> ot any of the Trust Estate. In ttie event tfiat 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 T�ust Estate to a third party to the extent such third party meets the requirements <br /> contained in, and assumes the oblipations set forth in the First Deed oi 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 Delau/t. Any of the foltowing 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 approvin4 a petition filed aflainst <br /> Trustor seekinp any reorflanization, dissolution or similar relief under any present or future federal, state or ather 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 consecutivel trom the first date of entry <br /> thereof; or any trustee, receiver or liquidator or Trustor o� of all or any part of the Trust Estate, or of any or all oi the <br /> royalties, revenues, rents, issues or profits thereot, shall be appointed without the consent or acquiescence of Trusior and , <br /> sucli appointment shatl remain unvacated and u�stayed tor an aflprepate o( sixty (60) days (whether or not consecutivel; <br /> or <br /> � <br />