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201107797
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Last modified
10/19/2011 8:33:55 AM
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10/19/2011 8:33:55 AM
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DEEDS
Inst Number
201107797
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�o��Q���� <br />For the Purpose of Securiug: <br />A. Payment of indebtedness evidenced by the Second Promissory Note of Trustor in the amount of $2,805.00 <br />in favor of Beneficiary (the "Promissory Note"); and <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 refened to as the "Indebtedness." <br />This Second Deed of Trust, the Promissory Note of Trustor in favor of Beneficiary and any other instrument given to <br />evidence or further secure the payment and performance of any obligation secured hereby aze referred to collectively as the <br />"Loan Instruments". <br />Trustor covenants that (i) Trustor holds title to the Trust Estate and has lawful authority to encumber the Trust Estate, <br />(ii) the Trust Estate is free and clear of a111iens and encumbrances except for easements, restrictions and covenants of record and <br />the Deed of Tnzst from Trustor encumbering the Property dated on or about the date hereof (the "First Deed of Trust"), and <br />(iii) Trustor will defend the Trust Estate against the lawful claims of any person. <br />To Protect the Security of this Second Deed of Trust: <br />1. Payment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the Indebtedness <br />and all other sums as provided in the Loan Insiruments. <br />2. Taxe� Trustor sha11 pay each installment of all taxes and special assessments of every kind, now or hereafter <br />levied against the Trust Estate or any part thereof, before delinquency, without notice ar demand <br />3. Ihsurance and Repairs. Trustor shall maintain fue and extended coverage insurance insuring the <br />Improvements consrituring part of the Trust Estate for such amounts and on such terms reasonably sarisfactory to Beneficiary. So <br />long as the Property is secured 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 relaring to insurance. <br />Trustor shall pramptly repa'u 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 Trustor commit waste on or to the Trust Fstate, or commit, suffer or <br />permit any act to be done in or upon the Trust Estate in violarion of any law, ordinance or regularion. Trustor shall pay and <br />prompfly 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. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding putporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of <br />evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear. If Trustor <br />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 <br />Trustee, each in their own discredon, without obligation so to do and without notice to or demand upon Trustor and without <br />releasing Trustor from any obligarion, may malce or do the same in such manner and to such extent as either may de�m necessary <br />to protect the security hereof. Trustor shall, imxnediately upon demand therefor by Beneficiary, pay all costs and expenses <br />incurred by Beneficiary in connection with the exercise by Beneficiary of the faregoing rights, including without limitation costs <br />of evidence of ritle, court costs, appraisals, surveys and attorneys' fees. <br />5. E�rainent Domain. If the Trust Fstate, or any part thereof or interest therein, be taken or damaged by reason <br />of any public improvement or condemnadon proceeding, or in any other manner including deed in lieu thereof <br />("Condemnation"), or if Trustor receives any norice or other information regarding such proceading, Trustor shall give pmmpt <br />written notice thereof to Beneficiary. Trustar shall be entitled to all compensation, awards and other payments or relief thereof <br />and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. Trustor shall <br />also be entitled to make any compromise or settlement in connection with such taking or damage. <br />6. Appoi�atment of Successor Truste� Beneficiary may, from time to time, by a written instrument executed <br />and acknowledged by Beneficiary, mailed to Trustor 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 ar acting hereunder. <br />3718.CV (8/I1) 905955 2 <br />NIFA HBA Loan/Form H <br />� j� , (08/10) <br />Ir✓ C� GOTO(0018b0a� <br />
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