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<br />200802532
<br />
<br />2(H~eJ"9
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<br />or regulation. Trustor shall pay and promptly discharge at Trustor's cost and expense all liens, encumbrances and
<br />charges levied, 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
<br />Beneficiary or Trustee may appear. If Trustor fails to make any payment or to do any act as and in the manner
<br />provided in any ofthe Loan Instruments, Beneficiary and/or Trustee, each in their own discretion, without obligation
<br />so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make
<br />or do the same in such manner and to such extent as either may deem necessary to protect the security hereof.
<br />Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary
<br />in connection with the exercise by Beneficiary ofthe foregoing rights, including without limitation costs of evidence
<br />oftitle, court costs, appraisals, 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 information regarding such proceeding, Trustor
<br />shall give prompt written notice thereof to Beneficiary. Trustor shall be entitled to all compensation, awards and
<br />other payments or relief thereof and shall be entitled at its option to commence, appear in and prosecute in its own
<br />name any action or proceedings. Trustor shall also be entitled to make any compromise or settlement in connection
<br />with such 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
<br />is located and by otherwise complying with the provisions ofthe 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 ofthe Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any part
<br />of the Trust Estate, Beneficiary may at its option declare the Indebtedness secured hereby immediately due and
<br />payable, whether or not any default exists. Beneficiary shall consent to a transfer ofthe Trust Estate to a third party
<br />to the extent such third party meets the requirements contained in, and assumes the obligations set forth in the First
<br />Deed of Trust. The covenants contained herein shall run with the Property and shall remain in full force and effect
<br />until the Indebtedness is paid in full.
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<br />9. Events of Default. Any of the following events shall be deemed an event of default hereunder:
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<br />(a) default shall be made in the payment of the Indebtedness or any other sum secured
<br />hereby when due; or
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<br />(b) Trustor shall perform any act in bankruptcy; or
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<br />(c) a court of competent jurisdiction shall enter an order, judgment or decree approving a
<br />petition filed against Trustor seeking any reorganization, dissolution or similar relief under any present or
<br />future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relieffor
<br />debtors, and such order, judgment or decree shall remain un vacated and unstayed for an aggregate of sixty
<br />(60) days (whether or not consecutive) from the first date of entry thereof; or any trustee, receiver or
<br />liquidator or Trustor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues,
<br />rents, issues or profits thereof, shall be appointed without the consent or acquiescence of Trustor and such
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<br />Page 3 of6
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<br />NIFA MRRlForm II
<br />(10/06)
<br />
<br />.071 8.CV (11/07)
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<br />901462
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<br />CiOTO(00068269)
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