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<br />200701134
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<br />This Second Deed of Trust, any promissory note of Trustor in favor of Beneficiary and any other instrument
<br />given to evidence or further secure the payment and performance of any obligation secured hereby are referred to
<br />collectively as the "Loan Instruments".
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<br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the
<br />Trust Estate, (ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and
<br />covenants of record and the Deed of Trust from Trustor encumbering the Property dated on or about the date hereof
<br />(the "First Deed of Trust"), and (iii) Trustor will defend the Trust Estate against the lawful claims of any person.
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<br />To Protect the Security of this Second Deed of Trust:
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<br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the
<br />Indebtedness and all other sums as provided in the Loan Instruments.
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<br />2. Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now
<br />or hereafter levied against the Trust Estate or any part thereof, before delinquency, without notice or demand.
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<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
<br />Beneficiary. So long as the Property is secured by a first deed of trust or mortgage, compliance with the insurance
<br />requirements of the First Deed of Trust or mortgage shall be sufficient to satisfy the requirements of this paragraph 3
<br />relating to insurance.
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<br />Trustor shall promptly repair and replace the Trust Estate or any part thereof so that, except for ordinary wear
<br />and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, or
<br />commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation.
<br />Trustor shall pay and promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied,
<br />imposed or assessed against the Trust Estate or any part thereof.
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<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
<br />expenses, including cost of evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary
<br />or Trustee may appear. If Trustor fails to make any payment or to do any act as and in the manner provided in any of
<br />the Loan Instruments, Beneficiary and/or Trustee, each in their own discretion, without obligation so to do and without
<br />notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such
<br />manner and to such extent as either may deem necessary to protect the security hereof Trustor shall, immediately upon
<br />demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by
<br />Beneficiary of the foregoing rights, including without limitation cost~ of evidence of title, court costs, appraisals,
<br />surveys and attorneys' fees.
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<br />5. Eminent Domain. If the Trust Estate, or any part thereof or interest therein, be taken or damaged
<br />by reason of any public improvement or condemnation proceeding, or in any other manner including deed in lieu
<br />thereof ("Condemnation"), or if Trustor receives any notice or other infonnation regarding such proceeding, Trustor
<br />shall give prompt written notice thereof to Beneficiary. Trustor shall be entitled to all compensation, awards and other
<br />payments or relief thereof and shall be entitled at its option to commence, appear in and prosecute in its own name any
<br />action or proceedings. Trustor shall also be entitled to make any compromise or settlement in connection with such
<br />taking or damage.
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<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
<br />located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a
<br />successor or successors to the Trustee named herein or acting hereunder.
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<br />7. Successors and Assigns. This Second Deed of Trust applies to, inures to the benefit of and binds
<br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term
<br />"Beneficiary" shall mean the owner and holder of any promissory note given to beneficiary.
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<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 part of
<br />the Trust Estate, Beneficiary may at its option declare the Indebtedness secured hereby immediately due and payable,
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<br />16-32
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<br />NIF A MRB/Form II
<br />(10/06)
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<br />4827 -8093-9776.8
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