200411674
<br />To Protect the Security of this Second Deed of Trust:
<br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness and all
<br />other sums as provided in the Loan Instruments.
<br />2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter levied
<br />against the Trust Estate or any part thereof, before delinquency, without notice or demand.
<br />3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the Improvements and
<br />constituting part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So
<br />long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance requirements of the
<br />first deed of trust or mortgage shall be sufficient to satisfy 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 ordinary wear and
<br />tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, or
<br />commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or
<br />regulation. Trustor shall pay and promptly discharge at Trustor's cost and expense all liens, encumbrances and
<br />charges levied, imposed or assessed against the Trust Estate or any part thereof.
<br />4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect the
<br />security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost
<br />of evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear.
<br />If Trustor fails to make their own discretion, without obligation so to do and without notice to or demand upon Trustor
<br />and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as
<br />either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand thereof by
<br />Beneficiary; pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the
<br />foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorneys'
<br />fees.
<br />5. Eminent Domain. If the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any
<br />public improvement or condemnation proceeding, or in nay other manner including deed in lieu thereof
<br />( "Condemnation "), or if Trustor receives any notice or other information regarding such proceeding, Trustor shall give
<br />prompt written notice thereof to Beneficiary. Trustor shall be entitled to all compensation, awards and other payments
<br />or relief thereof and shall be entitled at its option to commence, appear in and prosecute in its own name any action or
<br />proceedings. Trustor shall be entitled to make any compromise or settlement in connection with such taking or
<br />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 located and
<br />by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or
<br />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 hereto,
<br />their heirs, legatees, devisees, personal representatives, successors and assigns. The term `Beneficiary" shall mean
<br />the owner and holder of any promissory note given to beneficiary, {whether or not named as Beneficiary herein }.
<br />8. Merger, Consolidation, Sales or Leases. Trustor covenants that Trustor will not sell, lease or otherwise dispose of
<br />any of the Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any part of the Trust Estate,
<br />Beneficiary may at its option declare the Indebtedness secured hereby immediately due and payable, whether or not
<br />any default exists. Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent such third
<br />party meets the requirements contained in, and assumes the obligations set forth in the First Deed of Trust. The
<br />covenants contained herein shall run with the Property and shall remain in full force and effect until the indebtedness
<br />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 due; 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 approving a petition filed against
<br />Trustor seeking any reorganization, dissolution or similar relief under any present or future federal, state or
<br />other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order,
<br />judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not
<br />consecutive) from the first date of entry thereof; or any trustee, receiver or liquidator or Trustor or of all or
<br />any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be
<br />appointed without the consent or acquiescence of Trustor and such appointment shall remain unvacated and
<br />unstayed for an aggregate of sixty (60) days {whether or not consecutive); or
<br />(d) a writ of execution or attachment of any similar process shall be entered against Trustor which shall become
<br />a lien on the Trust Estate or any portion thereof or interest herein and such execution, attachment or similar
<br />process of judgment is not released, bonded, satisfied, vacated or stayed within sixty (60) days after its entry
<br />or levy; or
<br />oOCUr DN2 Page 2 of 4
<br />DOCUHDN2.VTX 09/19/2000
<br />I
<br />
|