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<br /> DEED OF TRUST 9 9 10 9 5 2 5 Page 3
<br /> (Continued)
<br /> whether fee title to the leasehold premises,the leasehold estate,or any subleasehold estate,will merge without Lender's express written consent;rather
<br /> these estates will remain separate and distinct, even if there is a union of these estates in the Iandlord, Grantor, or a third party who purchases or
<br /> otherwise acquires the estates. Grantor further aerees that if Grantor acquires all or a portion of the fee simple fitle, w any other leasehold or
<br /> subleasehdd title to the Properfy, that title will, at Lender's option, immedietely become subject to the terms of this Deed of Trust, and Grantor will
<br /> execute,deliver and record ell documents necessary or appropriate to assure that such title is secured by this Deed of Trust.
<br /> 6. REHABILITATION LOAN AGREEMENT. Grantor shall fulfill all oi Grantor's obligations under any home rehabilitation,improvement,repair,or other
<br /> lofln agreement which Grantor m8y enter into with Lender. Lender,at Lender's option,may require Grantor to execute and deliver to Lender,in a form
<br /> acoeptable to Lender,an assignment of any rights,claims or defe�es which Grantor may have against parties who supply Iabor,materials or services
<br /> in connecfion with improvements made to the Property.
<br /> 7. DUE ON SALE-CONSENT BY LENDER. Lender may,at its option, have the right to eccelerate,that is, declare immediately due and peyable all
<br /> sums secured by this Deed of Trust upon the sale or transfer,without the Lender's prior wriften consent,of alI or any paA of the Real Property, or any
<br /> interest in the Real Property. If Grentor sells or transfers the Real Property without the written consent of Lender,then,prior to ecc:elerafion Lender shall
<br /> give notice 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 the
<br /> sums declared due. If Grantor fails to pay those sums pnor 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 transfe�' means the conveyance of Real Property or any right,title or interest therein;
<br /> whether legal or equitable;whether voluntary or involuntary;whether by outright sale,deed,installment sale contrect,land contract,contract for deed, �
<br /> leasehdd interest with a term greater than three(3)years,lease-option contract,or by sale,assiqnment,or transfer of any beneficial interest in or to any
<br /> land trust holding title to the Real Property,�r by any other method of cor.veyance of Real Property interest. However,this opfion shall not be exercised
<br /> by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br /> a. TRANSFER OF PROPERTY. The following provisions relating to the transfer of the Real Property are a part o(this Deed of Trust:
<br /> NotlCe of Transfer. Grantor shall give notice to Lender,as provided in this Deed of Trust,pnor to any sale or transfer of all or part of the Property
<br /> or any rights in the Real Property. Any person to whom alt or part of the Real Property is sold or transferred also shall be obligated to give notice
<br /> to Lender,as provided in this Deed of Trust,promptly after such transfer.
<br /> Advances After Tronsfer. All amounts advanced under the LOANLINER� Home Equity Plan Credit Agreement, up to the Gedit Limit, are t
<br /> secured by this Deed of Trust, whether advanced before or after sale or transfer of the Real Property, except any amounts which may be !
<br /> advanced by Lender more th8n five(5) d8ys atter notice to Lender, as provided in this Deed of Trust, that such trsnsfer or sele hes occurred.
<br /> Even if Grantor transfers the Real Property,Grantor will continue to be obligated under the Credit Agreement and this Deed of Trust unless Lender
<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,Lender may
<br /> require that the person 10 whom the Real Property is transferred sign an assumption agreement setisfactory fo Lender and Lender may impose an
<br /> assumption fee. The assumption agreement will not entitle the person signing it to receive advances under the Credit Agreement.
<br /> 9. TAXES AND LIENS. The following provisions relafing to the taxes and liens on the Property are a part of this Deed oi Trust.
<br /> Payment. Grentor shall pay when due(and in all events pnor to delinquency)all taxes,special taxes,assessments,charges(including water and
<br /> sewer), fines and impositions levied against or on account of the PropeRy, and shall pay when due all claims for work done on or for services
<br /> rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of
<br /> Lender under this Deed ot 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 /> Ri�ht To Contest. 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 Lender's interest in the Property is not jeoperdized. If a lien arises or is filed as a result of nonpayment,Grantor shall within fifteen
<br /> (15)days after the lien arises or,if a lien is filed,within fikeen(15)days after Grantor has notice.of the filing,secure the discharge of the lien,or if
<br /> requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other secunty satisfactory to Lender in an amount sufficient
<br /> to discharge the lien pfus any costs and attorneys'fees or other charges that could accrue as a result of a foreclosure or sale under the Iien. In
<br /> 8ny contest,Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
<br /> neme Lender as an additional obligee under eny surety bond furnished in the contest proceedings.
<br /> EvldenCe oi Payment. Grantor shall upon demend furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br /> authorize the appropriate governmental official to deliver to Lender at any time a written statement o( the taxes and a55e5sment5 egainst the
<br /> Property.
<br /> NotiCe Of ConstruCtiOn. GrBntor shell notify Lender at lesst fifleen (15) days before any work is commenCed, any ServiCes are furnished,or any
<br /> materials are supplied to the Property,H any mechanic's lien, materialmen's lien,or other lien could be asserted on account of the work,services,
<br /> or materiels and the cost exceeds 510,000.00. Grantor will upon request of Lender furnish to Lender advance assurances 58fisfadory fo Lender
<br /> that Grantor can end will pay the cost of such improvements.
<br /> 10. PROPERTY INSURANCE The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br /> Malntenance ot Insurance. Grantor shall prxure and maintain policies of fire insurance with standard extended coverafle endorsements on a
<br /> replacement basis fw the full insurable value covering all Improvements on the Real Property in an amount sufficient to avad applicadon of any
<br /> cansurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and tiability insurance as Lender
<br /> may reasonably require. If the Real Property is located in an area designated by the Director of the Federal Emergency Manapement Apency as a
<br /> special flood hazard area, Grantor agrees to obtain Federal Flood Insurance to the extent such insurance is required and is evailable. Pdipes
<br /> shall be written in form, amounts, coverages and basis.reasonably acceptable to Lender and issued by a company or comparwes reasonably
<br /> axeptable to Lender. Grantor, upon request of Lender, will,deliver to Lender trom time to time the policies or ce�tificates of insurance in torm
<br /> s8tisf8Ctory to Lender,including stipulations th8t coverages will not be cancelled or diminished without af least ten(10)days'prior written notic8 to
<br />' Lender.
<br /> AppliCation of Proceeds. GraMor shall promptly notify Lender of any loss or d8mage to the Property if the estimeted cost of repeir or
<br /> replaoement exceeds 510,000.00. Lender may make proof oi loss if Grantor fails to do so within fifteen (15)days of the casuaNy. It,in Lenders
<br />( judgment, fhe restoration or repair is economically feasible and Lender's secunty is not lessened, insurance proceeds shell 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 /> I insurance proceeds shall be applied to the sums secured by this Deed of Trust whether or not then due, with any excess paid to Grantor. If
<br /> Grantor abando�u the Property,or does not answer within thirty(30) days a notice from Lender that the insurance carrier has Mkred tp 5ettle a
<br /> claim,then Lender may cdlect the insurance 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 then due. If Lender holds any proceeds efler pBymeM irt full of the Indebtedness,such procegds shell be paid
<br /> to Grentor as Gramors interests mey appear.
<br /> Unexpired Insuran�x et Sale. Any unexpired insurance shell inure to the benefit of,and pass to,the purchaser of the Property covered by this
<br /> Deed of Trust at any trustee's sale or other sele held under the provlsions of this Deed of Trust,or at any foreclosure sele of such Property.
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