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201108683
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Last modified
12/1/2011 3:05:17 PM
Creation date
11/21/2011 8:35:06 AM
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DEEDS
Inst Number
201108683
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201108683 <br />For the Purpose of Securing: <br />A. Payment of indebtedness evidenced by the Second Promissory Note of Trustor in the amount of $2260.00 <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 referred 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 are 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 Fstate is fr� and clear of ali liens and encumbrances except for easements, restrictions and covenants of record and <br />the Dced of Trust from Trustor encumberir►g the Property dated on or about the date her�f (the "First Deed of TrusP'), 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 Indebtedsies� Trustor shall pay when due the principal of, and the interest on, the Indebtedness <br />and all other sums as provided in the Loan Instruments. <br />2. Taxes Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter <br />leviefl against the Trust Estate or any part thereo� befare delinquency, without notice or demand <br />3. I�tsurance and Repairs. Trustor shall maintain fire and extended coverage insurance inc��ring the <br />Improvements constituring part of the Trust Fstate for such amounts and on such terms reasonably satisfactory 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 relating to insurance. <br />Trustor 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 Trustor commit waste on or to the Trust Estate, or commit, suffer or <br />permit any act to Ue done in or upon the Trust Estate in violarion of any law, ordinance or regularion. Trustor sha11 pay and <br />promptly discharge at Tntstor'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 purporting to <br />affe�t the security hereof or the rights or powers of Beneficiary or Trustee, and sha11 pay all costs and expenses, including cost of <br />evidence of title and attomeys' fees, in any such acrion or proc�ding 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 discretion, without obligarion so to do and without notice to or demand upon Trustor and without <br />releasing Trustor from any obligarion, may make or do the same in such manner and to such extent as either may d�m necessary <br />to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses <br />incurred by Beneficiary in connecrion with the exercise by Beneficiary of the foregoing rights, including without limitation costs <br />of evidence of ritle, court costs, appraisals, surveys and attorneys' fees. <br />5. Eminent Domain. If the Trust Fstate, 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 manner including deed in lieu thereof <br />("Condemnation"), or if Trustor receives any norice or other information regarding such proceeding, Trustor sha11 give prompt <br />written notice thereof to Beneficiary. Trustor 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 compmmise or settlement in connection with such taking or damage. <br />6. Appointment 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 or acting hereunder. <br />3718.CV (8/11) 906228 2 <br />NIFA HBA Loan/Form H <br />(08/10) <br />GOTO(OO1a570'n <br />
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