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200205914 <br />Toaster shall promptly repair and replace the Trust Estate or any part thereof so Thal, except for ordinary wear and tear, the Trust <br />Estate shall not deteriorate. In no event shall the Trustor commit waste an or to the "Trust Estate, or commit, suffer or permit any act to be <br />done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay and promptly discharge at Toaster's cost <br />and expense all liens, encumbr areca and charges levied, imposed or assessed nguinst the Trust Estate or any part thereof. <br />4. Actions Affecting 'Trust dictate. 'I inslor shall appear in and contest any action or proceeding purporting to affect the security <br />hereof or the rights or powers of Beneficiary or 'I rustee, and shall pay all costs and expenses, including cast of evidence of title and <br />attorney's fees, in any such action or proceeding in which Beneficiary m Trustee may appear. If Trustor fails remake wry payment or to do <br />any acts and in the manner provided in any of the loan instruments, Beneficiary and/or Trustee, emh in their own discretion, without <br />obligation so to do and without notice to or demand upon "I castor and Without relessing'I'mstor 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 security hereof Truster shall, immediately upon <br />demand therefore by Beneficiary, pay all costs unit expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the <br />foregoing rights, including without limitalmn casts of evidence crude, court costs, apramis.1s, surveys mid atlomey's tots. <br />A Eminent Damaln. If the Trust Estate, or any part thereof or interest therein, betaken or damaged by reason of any public <br />improvement or condemnation praceeding, or in any other manner including (Iced in lien thereof( "Condenmation "), or if Ttuslor receives <br />any notice or other information regarding such proceeding, Trustor shall give prompt wri then notice thereof and shall he entitled at its <br />Option 10 WITIMCrlce, mirsor in and prosecute in its own name any action or proceedings. 'I'ntstor shall also be entitled to make any <br />compromise or settlement in connection with such taking or damage. <br />6 Aypointment ofS7teeassor Trustre. Beneficiary may, from time to time, by a wri then instrument excented and acknowledged by <br />Beneficiary, mailed to Truslor and recorded in the County in which the 'I'nrst Eslnte is located and by otherwise complying with the <br />provisions ofthe applicable law ofthe State of Nebraska substitute a successor or successors to the Trustee named herein or acting <br />hereander. <br />]. .Successors andAesigns. This Second Peed of Trust applies to, insures to the benefit ofand binds all parties hereto, their heirs, <br />legatees, devisees, personal representatives, successors and usaigns. The term Beneficiary" shall mean the owner and holder army <br />promissory note given to beneficiary, (whether or not named as Beneficiary herein.) <br />8. :4lergrr, Cmrmlidation, .Soler ar Lravev. Ttuslor cevenuuts Thal Tcastor will not sit 1, lease or otherwise dispose or any of the <br />Trust Eshde. In the event that Trisha sells, less. 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 default exists. Beneficiary shall consent to a <br />transfer ofthe Trust Estate to a third party to the extent such third party meets the requirements retained in, and assumes the obligations <br />set forth in the First Peed of 'I ntst. the convenants contorted herein shall nm with the Property and shall rentuin in full force and effect <br />until the Indebtedness is paid in Call. <br />or <br />Forats afDrfaoR Any of the following events shall be deemed an event or default herca miter. <br />(a) default stall be roads in the payment of the indebtedness or any other sum secured <br />hereby when due <br />(b) 'Trustor shall perform any act in hmkaufaq; ar <br />(c) a court ofcompemut jurisdiction shall enter an order, judgment or decree approving a petition filed against Truster <br />seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating <br />to hankruplcy, insolvency or other relief for delems, and such order, judgment or decree shall remain moaseled and unstaycd for an <br />aggregate of sixty (60) days (whether or not consecutive) from the first arenny Ihcmof, or any Imstes, receiver or liquidator or Trusser or <br />orall or any part ofthe "I rust Estate, or of any nr all of the royalties, uivenoes, rents, issues or profits thereof, shall be appointed without <br />the consent or acquiescence of Trustor and such appointment shall remain muvacahed and unslaycd for an aggregate of sixty (60) days <br />(whether or not censccutivc), or <br />(d) a writ of execution or atmchment or any 1111111/1/ process sIm11 be colored against Toaster which shell become a lien on <br />the Trust Estate or any portion thereof or interest therein and such execution, at lath inert or si ou far process of lodgment is not released, <br />honded, sallIn111, vacated or slay it within s,xIy (611) day, alloy it, notry or levy, or <br />(e) there has occur ed a In each of or de aulI under any term, covenant, agreement, condition, provision, <br />representation or waranly contained is any prior decd of cost or mortgage altcding the "trust Estate. <br />10, Accrlrratinn upon Default; Additimud Rrmrdiev Iran event afdefatdt occurs, Beneficiary may declare the indebtedness <br />secured hereby to he duo and payable and the same shall thereupon hecnmo duo and peyahle without any presenm.cut, demand, protest or <br />notice of any kind '1'hercallcu Betefciary may: <br />