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0110299220 2oo9oss5~ B. Payment of all sums advanced by Beneficiary to protect the Trust Estate. The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness." This Second Deed of Trust, the Promissory Nate of'frustar in favor of Beneficiary and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments". "frustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, (ii) the Trust Estate is free and clear of all liens and encumbrances except for easements, restrictions and covenants of record and the Deed of Trust from T'rustor encumbering the Property dated an or about the date hereof (the "First Deed of Trust"), and (iii) Trustor will defend the'1'rust !state against the lawful claims of any person. To Protect the Security of this Second Deed of Trust: 1. Payment of hdebtedness. "frustor shall pay when due the principal of, and the interest on, the Indebtedness and all other sums as provided in the Loan Instruments. 2. Taxes. Trustor shall pay eachrnslallment of all taxes and special assessments of every kind, now or hereafter levied against the 'T'rust Estate or any part thereof, before delinquency, without natiae ar demand. 3. Insurance u~:d Repairs. Trustor shall maintain fire and extended coverage insurance insuring the Improvements constituting part of the Trust Estate for such amounts and an such terms reasonably satisfactory to Beneficiary. 50 long as the Property is scoured by a frrsl deed of ttusk or mortgage, compliance with the insurance requirements of the First [)eed of Trust or mortgage shall be sufficient to satisfy the requirements of this paragraph 3 relating to insurance. Trustar shall promptly repair and replace the Trust Estate or any part thereof so that, except far ordinary wear and tear, the 7"rust !state shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate, or commit, tiuffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation. 1'rustor shall pay and promptly discharge ak Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate or any part thereof. 4. Actions Affecting Trust Rstute. Trustor shall appear in and contest any action or proceeding purpariing to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustcc may 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, Beneficiary and/or Trustee, each in their own discretion, without obligation sa to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such rnaruter and. ka such extent as either tray deem necessary to pratec:t the security hereof: Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorneys' fees. 5. 1~'niinent Domain. If the Trust Estate, or any part thereat or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner including deed in lieu thereof ("Condemnation"), ar if'1'rustor receives any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Trustor shall be entitled to all campensalian, awards and other payments or relief thereof and shall be entitled at its option to commence, appear in and prosecute in its own name any action ar proceedings. 'I'rustor shall also be entitled to make any compromise or settlement in connection with such taking or damage. 6. App~~intment of Successor Trustee. Beneficiary may, from time la time, by a written instrument executed and acknowledged by Beneficiary, mailed to Truslar and recorded in the County in which the Trust Estate is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. 7. Successors and Assigns. This Second Deed of "Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of any promissory pate given to beneficiary. ~~-7~. NIFAABCFQRMK.daa 3 NIFA ABC Loan/Form K (6/09)