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To Protect the Security of this Second Deed of Trust: 9�"' i�y�j�9 <br /> 1. Payment of Indebtedness. Trustor shali pay when due the princ�al of, and the hterest on, the indebtedness end all other <br /> sums`as provided in the Loan Instruments. <br /> 2. Taxes. Trustor shall pay each installment of all texes and special essessments of every kind, now or hereaRer levied against the <br /> Tn,st Estate or any part thereof, before delinquency, without notice or demand. <br /> 3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the Improvements constituting <br /> part of the Trust Estate for such amounts and on such terms reasonaby satisfactory to Beneficlary. So bng as the Property is secured by a <br /> first deed of tiust or mortgage, compliance wkh the Insurance requirements of the Hrst deed of trust or mortpage shall be sufftcient to satisy <br /> the requkements of thfs paragraph 3 relath� to insurence. <br /> Trustor shall promptly repafr and replace the Tnist Estate or any part thereof so that, exCept tor ordinary wear and tear, the Trust Estate <br /> shall not deteriorate. In no event shall the Trustor commk waste on or to the Trust Estate, or commk, suffer or permk any act to be done in <br /> or upon the Trust Estate in violation of any law, ordinance or regulation. Trustor shell pay and promptly discharge at Trustors cost and <br /> expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate or any part thereof. <br /> 4. Actions Affecting Trust Estate. Trustor shall eppear in and contest any action or proceeding purporting to aHect the <br /> security hereof or the rights or powers of Benef�iery or Trustee, and shall pay all costs and expenses, including cost of evidence of title <br /> and attomeys' fees, in any such actbn or proceeding in which Be�eficiary or Trustee may appear. If Trustor fails to make any payment or to <br /> do any ect as and in the manner provided in any o( the Loan Instruments, Benei�lary and/o� Trustee, each in their own di5cretion, without <br /> obligation so to do and without notice to or demand upon Trustor and without releashg Trustor (rom any obligetion, may make or do the <br /> same in such manner and to such eMent as ekher may deem necessary to protect the securky hereof. Trustor shall, knmediately upon <br /> demand therefor by Beneficiary, pay all costs and expenses Incurred by Beneffciary in connection wkh the exercise by Benefblary of the <br /> foregoing riphts, hcluding wkhout limitatton costs of evidence of tRle, court costs, appraisals, surveys and attomeys' fees. <br /> 5. Eminent Domain. If the Trust Estate, or any part thereoi or interest therein, be taken or damaged by reason of any publfc <br /> improvement or condemnation proceeding, or in any other manner includ�g deed in Ileu thereof ("Condemnation"), or H Trustor receNes any <br /> notice or other information regarding such proceeding, Trustor shall give prompt written not�e thereof to Beneficiery. Trustor shali be enHtled <br /> to all compensation, awards and other payments or relief thereof and shall be entitled at ks option to commence, appear in end prosecute in <br /> its own name any action or proceedings. Trustor shall also be entftled to make any compromise or settlement in connection with such taking <br /> or damage. <br /> 6. Appointment Of SUCCe8801' Trustee. Beneficiary may, kom time to time, by a written instrument executed and <br /> ecknowledged by Beneficiary, mailed to Trustor end recorded in the Cou�ty In whbh the Trust Estate is located and by otherwise compying <br /> with the provisions oi the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or <br /> acting hereunder. <br /> 7. Successors and Assigns. This Second Deed of Trust applies to, inures to the beneftt of and binds ali parties hereto, their <br /> heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and hoider of eny <br /> promissory note given to beneficiary, [whether or not named as Beneficiary herein]. <br /> 8. Merger, COnSOlid8t1011, Sales or Leases. Trustor covenants that Tn�stor w(II not sell, lease or otherwise dispose ot any <br /> of the Trust Estate. In the event that Trustor sells, leases or otherwise disposes of any part of the Tn►st Estate, Beneficiary mey at ks opNon <br /> declare the indebtedness secured hereby immediately due and payable, whether or not any defauft exists. Beneficiary shall consent to a <br /> transfer of the Trust Estate to a third party to the extent such third party meets the requ�ements contained in, and assumes the obligations <br /> set forth in the First Deed of Trust. The covenants contained herein shall run with the Property and shell remain in full force and effect until <br /> the indebtedness is paid rc� (uli. <br /> 9. Events of Default. My of the following events shall be deemed an event o} defauR hereunder: <br /> (a) defauft shall be made � the payment of the hdebtedness or any other sum secured hereby when dus; <br /> or <br /> (b) Trustor shall perform any act in bankruptcy; or <br /> (c) a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Trustor seeking any <br /> reorganizat(on, dissok�tion or sknilar relief under any present or future federal, state or other statute, law or regulation relating to <br /> bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree shall remain unvacated and unstayed for an <br /> aggregate of sbcty (60) days (whether or not consecutive) from the first date of entry thereof; or any trustee, receiver or Nquidator or <br /> Trustor or of all or any part of the Trust Estate, or ot any or ail of the royafties, revenues, rents, issues or proffts thereof, shall be <br /> appointed wkhout the consent or acquiescence of Trustor and such appointment shall remain unvacated and unstayed for an aggregate <br /> of sbcty (60) days (whether or not consecutNe); or <br /> Ft3340.LM0(7/97) Pap• 2 of 5 <br />