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s+corei yr a nua a vap 3 <br />. vrANAer tee file to the Wstailotd premrisas. the teaseffatd estate. or any subtatasetcdd estate. wd merge without Candor's expcass written consent; rather <br />#rasa sstaret vrE n>I satparatat srtd oictnct, eaten it thars tt; a urtlorn ofttese estates to Uw latfdiard, Gnintor. or,a.thifd party who puctasats or <br />oNterwie acquires that eeroee.. Grantor father agrees that if GranlM acquires d or a portion of the feel simple tier. or any other Janshold or <br />subimdfotd -Oft 10 that ROWIV. that Oft wiz, At I~$ option. imnradiatety become subject to ft farms of this Dead of Treat. and Grants wry <br />emct e. dstiver and record air doeunlant9 necessary or appraprials to assure that such bft is swured by this Geed of Trust. <br />•. ilO11111M RATION LOAN "MEW. Grantor shall fulrti all a tgantar's obligations under any homat rMabifiletipn. impraven % repair. or other. <br />loan agneenterr1 which Grantor may eater Into with Larder. Lender, at Lenders option. may require Grantor to execute and deliver to Lander. in a form <br />somptabe to Lander. an aseigrmNnl of any right, Plot s or defifaft which Grantor may two apairrst parties who "ppty labor. materials or services <br />in corrYrction with improvemenls made to ft ftoperry... <br />T. Qtir ON SALE - COtliW dY L. ENDER. Larder may. at ks option. have that right to aeaierate, that is, declare Imeadieteiy duet and payable all <br />suns scarred by Uilss Deed a Truer upon that sate all taster. wiihaut here t anger's prior w6" Co isatM. a all or any pavt of the tad Property, or any <br />trrlerad in flee tad Property. If Grantor saes or ararWcrs ft Real Praparty without ft written consent of Lender. then. prior to ter ataralion Lander Was <br />give nofoel to Grantor. The notice shall provide a period of not less than tan (10) days from the dale of the notice within which Grantor tray pay the <br />sums declared due. if Grantor fails to pay time sums prior to the expiration of such period, Lander may. without further rtotiioel or do anif on Grantor, <br />im"FM fenrecreS pern-a_►w± in this Deed of Trust. A %ate or lransW means the conveyance of Real Property or any right. fifth cr irAl r therein; <br />wlNlhar illation elgcrhbler whether voluntary or irtv0lunfer)r. whdtler by outighi sate, deed. irrsfarmenl sate contract, Land COntatf, contract for deed. <br />Wsahold tined with a term greater than three (3) years, lease -option contact. or by sate. assignment. or transfer of any bena6pal if in or to any <br />__laudtkliV holSie tip to tier Rant Property. or by any.OINK method of Canvayanea of Real Pf pwty inhere - tfowrem. this option shat not bel axercisad <br />} by Lander N such exercise is prohibited by federal law or by Nebraska law. <br />9. TRAWIFER OF PROPERTY. The foNowkp provisions reldUg to the transfer of the Real Property anti a pad of this Deed of Tarsi: <br />Malice M Transfer. Grantor shall give notice to Lender, as provided in this Deed of Trust, prior to any sale or transfer of all or part d the Property <br />or any right in the Red Property. Any person to whom all or part of the Real Property I* sold or transferred also shall be obligated to give notice <br />to Lender. as provided in this Dated of Trust, promptly after such transfer. <br />Advances Allier TWWW. All amounts advanced under the LOANLINER® Home Equity Plan Credit Agraament, up to the Crew Limit, are <br />secured by this Dee of Trust whether advanced before or after sate or transfer of the Real Property. except any amounts which may be <br />advanced by Lender more than five (5) days after notice to Lender, as provided In this Deed of Trust, that such transfer or sate has occurred. <br />Even H Grantor transfers the Red Property, Grantor will continue to be obligated under the Credit Agreement and this Deed of Trust unless Lander <br />releases Grantor in writing. As a condition to Lender's consent to any proposed transfer or as a condition to the release of Grantor, Under may <br />require that the parson to whom the Real Property is transferred sign an assumption agreement satisfactory to lender and Lander may impose an <br />assumption Mel. Me assumption agreement will not entitle the person signing it to receive advances under the Credit Agreement. <br />9. TAXES AND LIENS. The fallowing provisions relating to the taxes and Gans on the Property are a part of this Deed of Taut <br />PayW& Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including wafer and <br />sewer), tines and impositions eyed against or on account of the Property, and shall pay when due all claims for work done on or for services; <br />rendered or matarlel furnished to thel Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of <br />Lender under thh Deed of Trust, except for the lien of taxes and assessments not due, except for the existing indebtedness referred to below, and <br />except as otherwise provided in this Deed of Trust. <br />RWO To Conteet. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to <br />pay, so long as Larder's inerast In the Property is not jeopardized. If alien arises or is filed as a result of nonpayment, Grantor star within Tiiteen <br />(i5) days after the fen arises or, If a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the ken. or if <br />requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient <br />to discharge the lien plus any costs and attomeys' fees or other charges that could accrue as a result of a foreclosure or sae under the ken: In <br />any contest. Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall <br />name Lander as an additional obligee under any surety bond furnished in the contest proceedings. <br />Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall <br />authority the appropriate govemmental official to deliver to Lender at any time a written statement of the taxes and assessments against the <br />Property. <br />Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished. or any <br />mralarlals are supplied to the Property, 0 any mechanlo's lien, materialmen's lien, or other lien could be asserted on account of the worts. services, <br />Or fM*1103 and the cost exceeds $10.000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to tender <br />that Grantor Can and will pay the Cost of such improv+emertl5. <br />10. PROPERTY INSURANCE The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintenance of Inwrance. Grantor stall procure and maintain policies of fire insurance with standard extended coverage endorsements on a <br />replacement basis for the full Insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any <br />coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender <br />may reasonably require. If the Real Property is located in an area designated by the Director of the Federal Emergency Management Agency as a <br />special Hood hazard area, Grantor agrees to obtain Federal Flood Insurance to the extent such insurance is required and is availebe. Policies <br />shah be written in form. amounts. coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably <br />seoepWee to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form <br />satisfactory to Lender. Including stipulations that coverages will not be cancelled or diminisheo without at least ten (10) days' prior written notice to <br />Lender. <br />Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or <br />replacement exceeds 110,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. If, In Lender's <br />judgment, the restoration or repair G economically feasible and Lender's security is not lessened. Insurance proceeds shall be applied to <br />restoration or repair of the damaged Property. If the restoration or repair is not economically feasible or Lender's security would be lessened. the <br />Insurance proceeds shall be applied to the sums secured by lhi"eed -of Trust whether-or rut then dole, with any elYZM pied to Grantor. It <br />Grantor abandons the Property. or does not answer within thirty (30) days a notice from Lender that the insurance Canter has offered to settle a <br />claim, iheo Lendw may collect the insurancer proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by <br />this Deed of Trust, whether or not than due. If Lender holds any proceeds after payment in full of the Indebtedness. such proceeds shall be paid <br />to Grantor as Grantor's interests may appear. <br />LMCxpkad Insurance of Safe. Any unexpired insurance shall inure to the benefit of and ass to 6. h f the Pr <br />4 <br />Y . <br />p e pure asst 0 operty COVered by this - <br />Dead of Trust at any trustee's sate or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Property. ! <br />Nt <br />�j <br />