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200214262 <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 <br />constituting part of the Trust Estate for such amounts and on such terms reasonably satisfactory to Beneficiary. So long as the <br />Property is secured by a first deed of trust or mortgage, compliance with the insurance requirements of the first deed of trust or <br />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 tear, <br />the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate or commit suffer or <br />permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shall pay and <br />promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against <br />the Trust Estate or any part thereof. <br />4. Actions Affecting Trust Estate. Trustor shall appear in and contest an action or proceeding purporting to affect <br />the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of <br />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 attorney's 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 any other manner including deed in lieu thereof ('Condemnation') or if <br />Trustor receives any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to <br />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 damge. <br />6. Appointment of Successor Trustee. Beneficiary may, from time to time, be 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 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 the <br />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, Beneficiary <br />may at its option declare the Indebtedness secured hereby immediately due and payable, whether or not any default exists. <br />Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent such third party meets the requirements <br />contained in, and assumes the obligations set forth in the First Deed of Trust. The covenants contained herein shall run with <br />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; or <br />(b) Trustor shall perform any act in bankruptcy; or <br />(c) a court competent 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 <br />regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree shall remain <br />unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive) from the first date of entry <br />thereof; or any trustee, receiver or liquidator or Trustor or of all or any part of the Trust Estate, or of any or all of the <br />royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or acquiescence of Trustor <br />and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not <br />consecutive); or <br />HB TRUST DEED PS <br />11 <br />