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<br />200805676
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<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 costs 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 information 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,
<br />whether or not any default exists. Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent
<br />such third party meets the requirements contained in, and assumes the obligations set forth in the First Deed of Trust.
<br />The covenants contained herein shall run with the Property and shall remain in full force and effect until the
<br />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 med 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 relief for
<br />debtors, and such order, judgment or decree shall remain unvacated 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, rents,
<br />issues or profits thereof, shall be appointed without the consent or acquiescence of Trustor and such
<br />appointment shall remain unvacated and un stayed for an aggregate of sixty (60) days (whether or not
<br />consecutive); or
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<br />(d) a writ of execution or attachment of any similar process shall be entered against Trustor
<br />which shall become a lien on the Trust Estate or any portion thereof or interest therein and such execution,
<br />attachment or similar process of judgment is not released, bonded, satisfied, vacated or stayed within sixty
<br />(60) days atler its entry or levy; or
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<br />(c) thcrc has occurred a breach of or default under any term, covenant, agreement, condition,
<br />provision, representation or warranty contained in the First Deed of Trust or any prior deed of trust or
<br />mortgage affecting the Trust Estate.
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<br />10. Acceleration upon Default; Additional Remedies. If an event of default occurs, Beneficiary may
<br />declare the Indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />without any presentment, demand, protest or notice of any kind. Thereatler, Beneficiary may:
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<br />(i) either in person or by agent, with or without bringing any action or proceeding, or by a
<br />receiver appointed by a court and without regard to the adequacy of its security, enter upon and take
<br />possession of the Trust Estate, or any part thereof~ in its own name or in the name of Trustee, and do any acts
<br />which it deems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, or
<br />part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or
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<br />16-32
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<br />NIF A MRB/Form H
<br />(10/06)
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<br />4827-8093-9776.8
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