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i <br /> , <br /> i <br /> To Protect the Security of thls Second Deed of Trust: 9 9 112 2 9 7 <br /> " 1. Payment of Indebtedness. Trus�or snau pay wnen due the principal of, and cne �ncerest on, the indebtedness and all other <br /> sums as provided tn the Loan Instrum�ts. <br /> 2. Taxes. Trustor shall pay each instalkr�nt of all taxes and special assessments of every kind, now or hereafter levied against the <br /> Trust Estate or any part thereof, before delinquency, without notice or demand. <br /> 3. Insurance and Repairs. Trustor shall maintain f're and extended coveraye insurance insurinq the Improvements constitutinp <br /> part of the Trust Estate for such amounts and on such tertns reasonaby sadsfactory to Beneficiary. So bng as the Property is secured by a <br /> first deed of trust or mortgege, complience wkh the insurance requirements of the first deed of trust or mortgage shall be sufficient to satis(y <br /> the requirements of this paragreph 3 relating to insurance. <br /> Trustor shall prompty repair and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate <br /> shail not deteriorate. In no event shall the Trustor commk waste on or to the Trust Estate, or commit, suffer or perrr�k any act to be done in <br /> or upon the Trust Estate in violation of any lew, ordinance or regulation. Trustor shall pay and prompty discharqe at Trustor's cost and <br /> expense all Ifens, encumbrances and charyes levied, imposed or assessed agehst the Trust Estete or any part thereof. <br /> 4. Actions Affecting Trust Estate. Trustor shall appear in end contest any action or prxeedin� purporting to affect the <br /> security hereof or the rights or powers of Beneficiery or Trustee, and shall pay all costs and expenses, including cost of evidence of tkle <br /> and attomeys' fses, in any such action or procseding in which Beneficiary or Trustee may appear. If Trustor fails to make any payment or to <br /> do any act as and in the menner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in their own discretion, wkhout <br /> obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the <br /> same in such manner and to such extent as either may deem necessary to protect the securiry hereof. Trustor shall, immedietey upon <br /> demand therefor by Benef'�ciery, pay all costs and e�enses incurred by B�eficiary in connection wkh the axercise by Beneficiery of the <br /> foregoing rights, including without limitatan costs of evidence of title, court costs, eppraisels, surveys and attomeys' fees. <br /> 5. Eminent Domain. If the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any public <br /> improvement or condemnation proceed'ng, or in any other manner including deed in lieu thereof ("Condemnation"), or if Trustor receives any <br /> notice or oth� hfortnation regarding such prxeeding, Trustor shall give promp! written notbe thereof to Beneficfary. Trustor shall be entkled <br /> to all compensation, awards and other payments or relief thereof and shall be entitled at R5 option to commence, eppear in and prosecute in <br /> its own name any action or proceedinqs. Trustor shall also be sntitled to make any compromise or settlement in connection wkh such taking <br /> or damage. <br /> 6. Appointment Of SUCCeSSOt' Trustee. Beneficiary may, from time to time, by a written instrument emecuted and <br /> acknowledged by Beneficiary, mailed to Trustor and recorded in the Counry in which the Trust Estate is located and by otherwise complying <br /> wkh the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or <br /> acting hereunder. <br /> 7. SUCC@SSO�S 811d A881gI1S. This Second Deed of Trust applies to, inures to the benefit of and binds all paRies hereto, their <br /> heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the own� and holder of any <br /> promissory note given to beneficiery, (whether or not named as Beneficiary heren]. <br /> 8. Merger, Consolidation, Sales or Leases. Trustor cov�ants that Trustor will not sell, lease or otherwise dispose of any <br /> of the Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any part of the Trust Estate, Beneficiary may at its option <br /> declare the indebtedness secured hereby immediately due and payable, whether or not any defauR exists. B�eficiary shall consent to a <br /> transfer of the Trust Estate to a third party to the extent such th'rd party meets the requirem�ts contained in, and assumes the oblipations <br /> set forth in the First Deed of Trust. The covenants contained herein shall run wkh the Property and shall remain in tuli force and effect until <br /> the indebtedness is paid in full. <br /> 9. Events of Default nny or tr►e roibwtn9 e�ents snau be deemed an evenc or de�auK nere�,nder: <br /> (a) defauR shall be made in the payment of the indebtedness or any other sum secured hereby when due; <br /> or <br /> (b) Trusto� shaii perfortn any act n bankruptcy; or <br /> (c) a court of competent Jurisdictan shall enter an order, judgment or decree approvhg a petitbn Hled agehst Trustor seeking any <br /> reorganization, dissolution or similar relief under any present or tuture federal, state or other statute, law or regulation relating to <br /> bankruptcy, insohrency or other relief for debtors, and such order, judgment or decree shall remain unvacated and unstayed for an <br /> aggregate of socty (60) days (whether or not consecutive) irom the first date of entry thereof; or any trustee, receiver or liquidator or <br /> Trustor or of all or any part of the Trust Estate, or of any or all of the royaRies, revenues, rents, issues or profks th�eof, shall be <br /> appointed without the consent or acquiescence of Trustor and such appointment shall remain unvacated and unstayed for an aggregete <br /> of sccty (60) days (whether or not consecutive); or <br /> F13340.LMO(B/B8) Pags 2 of 5 <br /> � <br />