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`2 !L � � 7 3 (Continued) <br />PEED OF <br />Page 3 <br />whether fee title to the leasehold premises, the leasehold estate, or any subbasehold estate, will merge without Lender's express written consent; rather <br />these Mates will remain separate and distinct, even if there is a union of theme P512tes in the landlord. Grantor, or a third party who purchases or <br />otherwrsii acquires the estates. Grantor further agrees that if Grantor acquires all or a portion of the fee simple title. or any other leasehold or <br />subk+a'ehdd tie 10 the Propery, that title will, at Lander's option, immediately become subjedt to the terms of this peed of Trust, and Grantor wil: <br />excute, deliver and record m se <br />al! documents necessary or appropriate to assure that such title is cured by this Deed of Tru <br />e St. <br />G. REKABILITATfON LOAN AGREEMENT., Grantor shall fulfill all of Grantors obligations under any home rehabilitation, improv9"nt^ repair, ur otne- <br />loan agreement which Grantor may enter into with Lender. Lender, at Lenders option, may require Grantor to execute and deliver to Lender, in a form <br />axeptable to Lender, an assignment of any rights, claims or defenses which Grantor may have against parties who supply labor. materials or services <br />in connection with Improvements made to the Property. <br />7. DUE ON SALE — CONSENT BY LENDER. Lender may, at its option, have the right to acoelerate. that is, declare immediately due and payable a;' <br />sums secured by this Deed of Trust upon the sate or transfer, without the Lenders prior written consent, of all or any pan of the Real Prop", or any <br />interest in the Real Property, If Grantor sells or transfers the Real Property without the written consent of Lender, then, Ono( to acce&wat)on Lender snap <br />give nobc9 to Grantor. The notice shall provide a period of not less than ten (10) days from the date of the notice within which Grantor may pay trig <br />sums declared due. If Grantor fails to pay those sums prior to the expiration of such period, Lender may, without further notice or demand on Grantor, <br />invoke any remedies permitted in this Deed of Trust. A "sale or transfer" means the conveyance of Real Property or, any right, title of Interest ,.rereln, <br />whether legal or eouitable; whether voluntary or involuntary', whether by outright sale, deed, instaftmen! sale contract, land contract, contract for deed, <br />leasehold interest with a term greater than three (3) years, leasse— option contract, or by sale. a zz gnment, or transfer of any beneficial interest in or to an, <br />land trust holding title to the Real Property, or by any other method of Conveyance of Real Property interest. However, this option shall not be exercisec <br />by Lender such exercise s prohibited by federal law or by Nebraska raw. <br />a. TRANS,—Z-- OF PROPZ;; Y, 1 tT following provisions relating to the transfer of the Real Property are a part of this Deed of Trust: <br />Notice of Transfer. Grantor shall give notice to Lender, as provided in this Deed of Trust, prior to any sale or transfer of all or part of the pro:)(,-!,. <br />or w any rights in the Real Property. Any person to whom ail or part of the Real Property is sold or transferred also shall be obhpaled to give ncU.t <br />to Lender, as provided in this Deed o! Trust, promptly after such transfer. <br />Advances After Transfer. Al! amounts advanced under the LOANLINERS' Home Equity Plan Credit Agreement, Up to the Credit Lirr4, a <br />secured by this Deed o' Trust, whether advanced before or after sale or transfer of the Real Property, except any amounts which may' bF <br />advanced by Lender rr.ore than five (5) days after notice to Lender, as provided in this Deed dl Trust, tr12t such transfer or sale has oe:.urrec <br />Even r! Grantor trarstprs the Rao! Property, Grantor will continue to be obligateo under the Credit Agreemenl and this Deed of Trust UnieSS Lf'nor, <br />rwloasas Gran!cy in writing. As a condition 10 Lender's consent to any proposed transfer or as a condition to the release of Grantor, Le•noer me, <br />reou:re tha! the person to whom the meal Property is transferred sign an assumption agreemen! satisfactory to Lende• and Lender may Impose or <br />assumpl on fir.. The assumption agreement will not entitle the person signing it to receive advances under the Credit Agreement. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property area part of this Deed of Trust. <br />Payment. Grantor Shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (tncludtn4 water anc <br />sewer), fines and impositions levie:l against or on account of the Property; and shall pay when due all claims for work . done on a for sarvicr <br />rendered or matena! turntsneo, to the Property. Grantor shall maintain the Property free of all liens r aving phony over or equal to the interest c' <br />Lender under this Deed of Trust, except for the Len Of taxes and assessments no; due, except for the existing Indebtedness referred to be�ow. a- <br />excep! as ciherwisc provided in Ihis Deed of Trust. <br />Right To Contest. Grantor may witlhold payment of any tax, assessment, or claim in connection with a good talth dispute over the obllgatlor !c <br />pay, So long as Lender's Interest In the Property is not jeopardaeC. It a lien arises or is filed as a result of nonpayment, Grantor shall within !ghee' <br />(15) days after the lien anses or. it a Gen is filed, within fiheen (15) days otter Grantor has notice of Ine filing, secure the discharge Of the lien, or <br />re, ,,uesled by Lender, deposit with Lender :ash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount su'fi: ten' <br />tc d,scharge the liar, pies any costs and anorneys' fees or other charges that could aCCru,: as a result of a foreclosure or sale under the lien. i <br />any contest, Grantor shat; delend itself and Lander and shall satlsty any adverse judgment before entorcement against the Property. Grantor Vial <br />name Lender as an additional obligee under any surely 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 shay <br />authorize trig aooroonale governmental official to deliver to Lender at any time a written statement of the taxes and assessments agains! the <br />0 -4^. <br />Notice of Construction. Grantor shat; notify Lender at least fifteen (15) days before any work is commenced, any services are fumished, or a-, <br />materials are supplied to the erpperty, it any mechanic's lien, matenalmen's lien, or other lien could be asserted on account of the work. senoCes . <br />or materials and the cast exenea, $10.0!Y'.00, Grantor will upon request of Lender furnish to Lender advance assurri ceS satrstactory lt� Lando' <br />that Grantor can and will pay the cost of Such improvements. <br />10, PROPERTY INSURANCE Trio following provisions relating to insuring the Property are a part of this Deed of Trust, <br />MalnlenanCe of Insurance. Grantor Shen procure and maintain policies of fire insurance with standard "ended coverage endorsements on a <br />reptammen! basis for the fun irsur`ble value covering pit Improvements on the Real Property in an amount sufficient to avoid applK:ahon of any <br />corrstran --a clause, and will) 9 standard mortgagee Clause in favor of Lender, together with such other haxa "d and liab:llty irmurarv5e as Lender <br />may reasonably require. V the Real Property is located in an area designated by the Director of the Federal Emergency Management Agency as it <br />„peciat hood hazard area, Grantor agrees to obtain Federal Flood Insurance to the extent such Insurance is required and is available. PWicles <br />shaall be wrii!en in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company M companies reasonaply <br />acceptable to gender. Grantor, upon request of Lender, will deliver to Lender from time 10 lime the policies or cerlihcales of insurarove in form <br />satisfactory to Lender, including stipulations that Coverages will not be cancelled or diminished without &t Wasl ten (10) days' prior written notice tc <br />Lender. <br />Appilcalion of Proceeds. Grantor Shan promptly notify Lender of any loss or damage to thu Property it the estimated cost of repair or <br />replacement exceeds Stp,000.00. Lender may make proof of loss If Grantor falls to do so within fifteen (15) days of the casualty. If, in Lender's <br />judgment, the restoration or repair i,, economically feasible and Lender's security is not lessened, insurance proceeds shah be applied to <br />restoration or repair of the damaged Property, If the restoration or repair is not economically feasible, or Lenders security would be iessfitned, the <br />insuranw proceeds shall be sppiiod to the sums secured by this Defied of Trust whether or not then due, with any excas; paid to Grantor. It <br />Grantor abandons the Prootrry, or does not answer within thirty (10) days a notice from Lender that the Insurance carrier has ottered to setae a <br />claim. Then wonder may correct the insurance Dfocf"eds. Lender may use the proceeds to repair or restore Ihn Property of io pay sums un.Ulod by <br />this Dw)' of 7rUSI, whether or net then due. If Lender holds any proceeds &her payment in full of the ImOeb%dneSs, such prWerads shelf be paid <br />