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200207827 <br />/nsnrance and Repairs. Truster shall maintain fire and extended coverage insurance insuring the <br />Improvements constituting pan of the 'I rust Estate for such amounts and on such terms reasonably <br />satisfactory to Beneficiary. So long as the Property is secured by a first deed of trust or mortgage, <br />compliance with the insurance requirements of the first deed of trust or mortgage shall be <br />sufficient to satisfy the requirements of this paragraph 3 rclaling to inSIMITI e_ <br />Truster shall promptly repair and replace the Trust Estate or any part thcrcof so that, except for <br />ordinmv wear and tear, the Trust Estate shall not deteriorate. In no even( shall the Tmstor connnit <br />waste on or to the Trust Lstatc, or commit, stiffer or permit any act to be done in or upon the Trust <br />Estate in violation of any law, ordinance or regulation. Toaster shall pay and promptly discharge <br />at Toaster's cost and expense all liens, encumbrances and charges levied, imposed or assessed <br />against the Trust Estate or any part thereof. <br />4. ActiotrsAf(ectinX Trust Estate Tmstor shall appear in and contest any action or proceeding <br />purporting to affect the secumv hereof or the rights or powers of Beneficiary or Trustee, and slall <br />pay all costs and expenses, including cost of evidence of title and attomevs' fees, in any such <br />action or proceeding in which Beneficiary or Trustee may appear. ICTnistor fails to make anv <br />payment or to do am act as and in the manner provided in any of the Loan ITIMMUICms, <br />Beneficiary and/or trustee. each in their mm discretion, without obligation so to do and without <br />notice to or demand upon'Pnistor and without releasing Toaster from anv obligation, a av make or <br />do the same in such manner and to such extent as either may deem necessary to protect file <br />security hereof Trustor shall, immediately upon demand therefor by Beneficiary, pav all costs <br />and expenses incurred by Beneficiary in connection with the cxcrcisc by Rcncficiary of the <br />foregoing rights, including without limitation costs of evidence of title, court crisis, appraisals, <br />surveys and attomevs fees. <br />5. Eminent Donal if the Trust Estate, or any part thereof or interest Ihcrein, be taken or damaged <br />1w reason of any public improvement or condComatian proccaling, er in any other manner <br />including deed in lice Ihcrcxd ( °Cmndcnmalfoil ), or if Trustor receives anv notice or other <br />information regarding such proceeding. Truster shall give promp written notice thereof to <br />Beneficiary. Tnrslnr shall he entitled to all compensation, awards and other payments or relief <br />Ihcrwf and shall be entitled at its option to commence, appear in and prosecute in its own name <br />any action or pmcoudings. Trustor shall also be entitled to make any comprontise or settlement in <br />conncclion with such taking or danage. <br />fi_ ,1 ppain(naer.i fSl.ocessor 1'rustee. Beneficiary may, from timeto lime, for a written instrument <br />asccutcd and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in <br />which the Trust Estate is located mid by otherwise complying with the provisions of the applicable <br />law of the Sam of Nebraska substitute a successor or successors to the Trustee named herein or <br />acting hereunder_ <br />7. .Succervora and Assigns. This Second Deed of Trust applies to, inures to the benefit of and binds <br />all paves hereto. their heirs, legatees, devisees, personal representatives, successors and assigns. <br />The term ` Beneficiayr' shall mean the owner and holder of any promissory note given to <br />beneficiary , [whetlicr or not named as Beneficiary herein.] <br />A. Afergen Consohdaoon, Sales or Leaser Toaster covenants that 'Iraster will not sell- lease or <br />otherwise dispose of any of the Trust Estate, In the event that Tmstor sells, leases or otherwise <br />disposes of any pan of the Trust Estate, Beneficiary may at its option declare the Indebtedness <br />secured hereby immediateh due and payable, whether or not:mv default exists. Beneficiaty shall <br />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 <br />COVCTIanla contained herein shall run with the Property and shall remain in full force and effect <br />until the Indebtedness is paid in full. <br />9. Lvent.s of Defmdt. 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 <br />hereby wben due: <br />