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. � . 99 1121�� <br /> 2. taxes. Trustor shail pav each ir�stalhnent o1 all taxes a��d special assessrr,ents ol Cvery k�nd, now or I�cr��1t <br /> levied against the 7rust Estate or any part thereol, belore deli��quency, without notice or demand. <br /> 3. lnsurance and Rapairs. Trustor shall maintain lire and extended coverage insurance i�suring tf�e Improvemen <br /> constituting part ot the Trust Estate fo� sucli amounts and o� such terms reasonably satisfactory to Beneficiary. So long as tl <br /> Property is secured by a Iirst deed ot trust or mortpage, compliance witfi the insurance requirements ol the tirst deed ol trust <br /> mortgape shall be sufiicient to satisiy the requirements ot this pa�agraph 3 relating to insurance. <br /> Trustor shall promptly repair and �eplace the Trust Estate or any part thereof so that, except 1or ordinary wear and te; <br /> the T�ust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, or commit, sut(er <br /> permit any act to be done in or upon the Trust Estate in violatian of any law,ordinance or regulation. Trustor shall pay and promp <br /> discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Est< <br /> or any part thereof. <br /> 4. ActTons At/eciing Trusi Estate. Trustor shall appear in and contest any action or proceeding purportinp to affe <br /> the security hereot or the rights or powers ot Beneticiary or Trustee, and shall pay all costs and expenses, including cost of eviden <br /> ot title and attorneys' fees, in any such action or proceeding in which Beneticiary or Trustee may appear. I( Trustor (ails to ma <br /> any payment or to do any act as and in the manner provided i� any o( the Loan Instruments, Beneficiary and/or Trustee, each <br /> their own discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor irc <br /> any obligation, may make or do the same in such manner and to such extent as either may deem necessary to p�otect the secun <br /> hereo(. Trusto� shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by 6eneficiary <br /> connection with the exercise by 6eneficiary of the torepoing rights, including without limitation costs of evidence of title, co� <br /> • costs, app�aisals, surveys and 8ttorneys' fees. <br /> 5. Emfnent Domaln. If the Trust Estate, or any pa�t thereof or interest therein, be take� or damaged by reason <br /> any public improvement or condemnation proceeding, or in any other manner including deed in lieu thereof ("Co�demnation'), <br /> if Trustor receives �ny notice or other information �egarding such proceeding, T�ustor shall give p�ompt written notice thereof <br /> Beneficiary. T�ustor shatt be entitled to all compensation, awards and other payments o� relief thereot and shall be entitled at <br /> option to commence, appear in and prosecute in its own �ame any action or proceedi�gs. Trustor shall atso be entitled to m� <br /> any compromise or settlement in connectfon with such taking or damage. <br /> 6. Appolntment of Successor Trustee. Beneficiary may, irom time to time, by a written instrument executed a <br /> acknowledged by Beneticiary, mailed to Trustor and recorded in the County in which the Trust Estate is located and by otherwi <br /> comptying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trust <br /> named herein or acti�g hereunder. <br /> 7. Successors andAss/gns. This Second Deed of Trust applies to,inures to the benefit of and binds all parties heret <br /> their heirs, legatees,devisees, personal representatives, successors and assigns. The term"Beneficiary" shall mean the owner a <br /> hotder of any promissory note given to beneficiary, (whether or not named as Beneficiary herein�. <br /> 8. Merger, Consolidatlon, Sa/es or Leases. Trustor covenants that Trustor will �ot sell, lease or othervvise dispo <br /> ot any of the Trust�state. In the event that Trustor sells, leases or otherwise disposes o( any part of the 7rust Estate, Benefici� <br /> may at its option declare the Indebtedness secured hereby immediately due and payable, whether or not any default exis <br /> Beneticiary shall consent to 8 tr�nsfer of the T�ust �state to a third party to the extent such third party meets the requiremer <br /> co�tained in, and assumes the obligations set fo�th in the First Deed of Trust. The covenants contained herei� shal! run with t <br /> Property and sha�l remain in full•force and etfect until the I�debtedness is paid in fult. <br /> 9. Events ot Defau/L Any of the tollowing events shall be deemed an event oi default hereunder: <br /> (a) default shall be made in the payment of the Indebtedness or any other sum secured hereby when d� <br /> or <br /> (b) Trustor shall perform any act in bankruptcy; or � <br /> (c) 8 court oi competent jurisdiction shall enter an order,judgment or decree approving a petition filed agair <br /> Trustor seeking any reorpanization, dissolutlon or similar reliei under any present or future federal, state or other statu <br /> law or �epulation relating to bankruptcy, (nsolvency or other relief tor debtors, and such o�der, judgment or decree sf <br /> remain unvacated and u�stayed tor an aggrepate oi sixty(60)days(whether or not co�secutivel irom the iirst date ot en <br /> thereot; o� gny trustee, receiver or liquldatar or Trustor or of all or any part ot the Trust Estate, or of any or all ot <br /> royalties,revenues, lents, issues or profits thereot, shall be appointed without the consent or acquiescence of Trustor F <br /> such appointment shall �emain u�vacated and unstayed for an aggregate of sixty (60) days �whether or not consecutiv <br /> or <br /> HBA-7 <br /> i <br />