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2oioo4oi~ <br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate. <br />The indebtedness described in paragraphs A and B above is referred to as the "Indebtedness." <br />This Second Deed of Trust, the Promissory Note of Truster in favor of Beneficiary and any other Instrument given to <br />evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the <br />"Loan Instruments". <br />Truster Covenants that (i) Truster holds title to the Trust Estate and has lawful authority to encumber the Trust Eskate, <br />(ii) the Trust Estate is free and clear of all liens and encumbrances except For easements, restrictions and covenants of record and <br />the Deed of Tnist from Truster encumbering the Property dated on or about the date hereof (the "First Deed of Trust"), and <br />(iii) Truster will defend the Trust Estate against the lawful claima of any person. <br />');'o Protect the Security of thia Second Deed of Trust: <br />1. Payment of Indebtedness. Truster shall pay when due the principal of, and the interest an, the Indebtedness <br />and all other sums as provided in the Loan Instruments. <br />2. Taxes. Truster shall pay each installment of all taxes and special assessments of every kind, now or hereafter <br />levied against the Trust Estate or airy part thereof, before delinquenry, without notice or demand. <br />3. Iasurance and ,Repairs. Truster shall maintain fire and extended coverage insurance insuring the <br />Improvements constituting part of the Trust l?skate for such amounts and on such territe reasonably satisthctory to Beneficiary. So <br />long as the Property is aecured by a first deed of trust or mortgage, compliance with the insurance requirements of the First Deed <br />of Trust or mortgage shall be sufficient to satisfy the requirements of this paragraph 3 relating to insurance. <br />Tntstor 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 Truster commit waste on or to the Trust Estate, or catruttit, suffer or <br />permit any act to be Bono in or upon the Tnrst Estate in violation of any law, ordinance or regulation. Truster shall pay and <br />promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the <br />Trust Estate or any part thereof. <br />4. ,4ctloas Affecting Trust Estate. Truster shall appear in and contest any action or proceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all casts and expenses, including cost of <br />evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary er'1'nxstee may appear. If Truster <br />fails to make sny payment or to do any act as and in the manner provided in any of the Loan Instruments, ]3eneftciary and/or <br />Trustee, each in their own discretion, without obligation so to do and without notice to or demand upon Truster and without <br />releasing Truster from any obligation, may make or do the same in such manner and to such extent as either may deem necessary <br />to protect the security hereof. Truster shall, immediately upon demand therefor by Beneficiary, pay all Costs and expenses <br />incanted by Beneticiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs <br />of evidence of title, court costs, appraisals, surveys and attorneys' fees. <br />5. Eminent Domain. If the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason <br />of any public improvement or condemnation proceeding, or in any other mamter including deed in lieu thereof <br />("Condentrration"), or if Truster receives arty notice or other information regarding such proceeding, Truster shall give prompt <br />wnilten notice thereof to Beneficiary. Truster shall be entitled to all compensation, awards and other payments or relief thereof <br />and shall be entitled at its option to conrmenae, appear in and prosecute in its own name any action or proceedings. Truster shall <br />also be entitled to make arty compromise or settlement in connection with such taking or damage. <br />b. Appointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument executed <br />and acknowledged by Beneficiary, mailed to Truster 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 the <br />Trustee named herein or acting hereunder. <br />7. Successors and Axsigns. This Second Deed of Trust applies to, inures to the benefit of and binds ail parties <br />hereto, choir 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. <br />8. Merger, Couso!ldarion, Sales or ,Leases. Truator covenants that Truster will not sell, lease or otherwise <br />dispose of any of the Trust Estate. In the event that Truster sells, leases nr otherwise disposes of any part of the Trust Estate, <br />2 NIFA ABC Loan/Form K <br />~zz~o9~ <br />at{at-assa-3~t~.t <br />