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200412031
<br />2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter
<br />levied 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
<br />Improvements constituting part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary.
<br />So long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance requirements of the first
<br />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 Trustee Estate, or commit,
<br />suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay
<br />and promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed
<br />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
<br />affect the 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 attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. If Trustor
<br />fails to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and /or
<br />Trustee, each in their own discretion, without obligation so to do and without notice to or demand upon Trustor and without
<br />releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem
<br />necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and
<br />expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without
<br />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, be taken or damaged by reason of
<br />any public improvement or condemnation proceeding, or in any other manner including deed in lieu thereof ( "Condemnation "),
<br />or if Trustor receives any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof
<br />to Beneficiary. Trustor shall be entitled to all compensation, awards and other payments or relief thereof and shall be entitled at
<br />its option to commence, appear in and prosecute in its own name any action or proceedings. Trustor shall also be entitled to
<br />make any compromise 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
<br />and acknowledged by Beneficiary: mailed to Trustor and recorded in the County in which the Trust Estate is located any by
<br />otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to
<br />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 "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
<br />dispose of 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 any
<br />default exists. Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent such third party meets the
<br />requirements contained in, and assumes the obligations set forth in the First Deed of Trust. The covenants contained herein
<br />shall run with the Property and shall remain in full force and effect until the Indebtedness is paid in full.
<br />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 sums 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 other
<br />statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or
<br />decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive) from
<br />the first date of entry thereof; or any trustee, receiver or liquidator or Trustee or of all or any part of the Trust Estate,
<br />or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or
<br />acquiescence of Trustor and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60)
<br />days (whether or not consecutive); or
<br />HBADEED2.UFF
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