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compliance with the insurance requirements of the first deed of trust or mortgage shall be sufficient to satisfy 200408304
<br />the requirements of this paragraph 3 relating to insurance.
<br />Trustor shall promptly repair and replace the Trust Estate or any part thereof so that, except for
<br />ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit
<br />waste on or to the Trust Estate, or commit, suffer or permit any act to be done in or upon the Trust Estate in
<br />violation of any law, ordinance or regulation. Trustor shall pay and promptly discharge at Trustor's cost and
<br />expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate or any part
<br />thereof.
<br />4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to
<br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and
<br />expenses, including cost of evidence of title and attorneys' fees, in any such action or proceeding in which
<br />Beneficiary or Trustee may appear. If Trustor fails to make any payment or to do any act as and in the
<br />manner provided in any of the Loan Instruments, Beneficiary and /or Trustee, each in their own discretion,
<br />without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from
<br />any obligation, may make or do the same in such manner and to such extent as either may deem necessary to
<br />protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs
<br />and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights,
<br />including without limitation costs of evidence of title, court costs, appraisals, surveys and attorneys' fees.
<br />5. Eminent Domain. If the Trust Estate, or any part thereof or interest therein, betaken or damaged by reason
<br />of any public improvement or condemnation proceeding, or in any other manner including deed in lieu
<br />thereof ( "Condemnation "), or if Trustor receives any notice or other information regarding such proceeding,
<br />Trustor shall give prompt written notice thereof to Beneficiary. Trustor shall be entitled to all compensation,
<br />awards and other payments or relief thereof and shall be entitled at its option to commence, appear in and
<br />prosecute in its own name any action or proceedings. Trustor shall also be entitled to make any compromise
<br />or settlement in connection with such taking or damage.
<br />6. Appointment of Successor 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
<br />located and by otherwise complying with the provisions of the applicable law of the State of Nebraska
<br />substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />7. Successors and Assigns. This Second Deed of Trust applies to, inures to the benefit of and binds all parties
<br />hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term
<br />"Beneficiary" shall mean the owner and holder of any promissory note given to beneficiary, [whether or not
<br />named as Beneficiary herein.]
<br />8. Merger, Consolidation, Sales or Leases. Trustor covenants that Trustor will not sell, lease or otherwise
<br />dispose of any of the Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any part of
<br />the Trust Estate, Beneficiary may at its option declare the Indebtedness secured hereby immediately due and
<br />payable, whether or not any default exists. Beneficiary shall consent to a transfer of the Trust Estate to a
<br />third party to the extent such third party meets the requirements contained in, and assumes the obligations set
<br />forth in the First Deed of Trust. The covenants contained herein shall run with the Property and shall remain
<br />in full force and effect until the Indebtedness is paid in full.
<br />9. Events of Default. 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
<br />due,
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