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200214053 <br />Trustor covenants that (i) Trustor holds the to the Trust Estate and has lawful authority to encumber the Trust <br />Estate, (it the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of <br />record and the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof (the "First Dead of <br />Trust'), and (iii) Trustor will defend the Trust Estate against the lawful claims of any person. <br />To Protect the Security of this Second Deed of Trust: <br />1. Payment of Indebtedness. Trustor shall pay when due the prncpal of, and the interest on, the <br />indebtedness and all 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 <br />hereafter 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 <br />first dead 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 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 <br />pay and promptly discharge at Tluatets 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 <br />purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, <br />including cost of evidence of tide and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may <br />appear. If Trustor fails to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, <br />Beneficiary and/or Trustee, each in their own discretion, without obligation so to do and without notice to or demand upon <br />Trustor and without releasing Trustor from any obligation, may make or do the same In such manner and to such extent as <br />ether may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay <br />all casts and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including <br />without limitation costs of evidence of this, court costs, appraisals, surveys and attorneys' fees. <br />S. Eminent Domain. If the Trust Estate, or any part thereof or nterest therein, be taken or damaged by <br />reason of any pubic improvement or condemnation proceeding, or in any other manner including deed in lieu thereof <br />( "Condemnation "), or if Trustor receives any notice or other information regarding such proceeding, Trustor shall give prompt <br />written notice thereof to Beneficiary. Trustor shall be entitled to all compensation, awards and other payments or relief thereof <br />and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. Trustor <br />shall also be entitled to 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 <br />executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located <br />and 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 Dead of Trust applies to, inures to the benefit of and binds all <br />parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall <br />mean the owner and holder of any promissory note given to benefcary, [whether or not named as Beneficiary herein]. <br />8. Merger, Consolidation, Sales or Leases. Trustor covenants that Trustor will not sell, lease or <br />otherwise dispose of any of the Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any pan of the <br />Trust Estate, Beneficiary may at its option declare the Indebtedness secured hereby Immediately due and payable, whether or <br />not any default exists. Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent such third party <br />meets the requirements contained in, and assumes the obligations set forth in the First Deed of Trust. The covenants <br />contained herein shall run with the Property and shall remain 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 due; <br />or <br />(b) Trustor shall perform any act in bankruptcy; or <br />(c) a court of competent jurisdiction shall enter an order, judgment or cacree approving a pettion filed <br />against 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 decide, 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 any pan <br />119300, L.0 (11 /rr) Pape P of 5 NIFA ] /Bit <br />M <br />