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<br /> DEED OF TRUST 99 �� ��0��4 Page 3
<br /> (Continued)
<br /> whether fee title to the leasehold premises,the leasehoid estate,or any subleaseho�d estate,will merge without Lender's express wntten consent;rather
<br /> these estetes will remain separate and distinct, even if there is a union of these estates in the landlord, Grantor, or a third paRy who purchases or
<br /> otherwise acquires the estates. Grantor further agrees that if Grantor acquires all or a portion of the fce simple title, or any other leasehdd or
<br /> subleasehdd title to the Property, that title will, et Lender's option, immedi8tely become subject to the terms of this Deed of Trust, and Grantor will
<br /> execute,deliver and record all documents neCessery or appropriate to assure th8t such title is secured by this Deed of Trust.
<br /> 6. REHABILITATION LOAN AGREEMENT. Grantor shall fulfill all of Grantor's obligations under any home rehabilitation,improvement,repair,or other
<br /> loan agreement which Grantor may enter into with Lender. Lender,at Lender's option,may raquire Grantor to execute and deliver to Lender,in a form
<br /> aCCeptBble to Lender,an 85signment of any rights,claims or defenses which Grantor may have against parties who supply Iabor, matenais 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 accelerate;that is, declare immediately due and payable all
<br /> sums secured by this Deed o}Trust upon the sale or transfer,without the Lender's pnor written consent,of all or any part oi the Real Property,or any
<br /> interest in the Real Property. If Grentor sells or transfers the Real Property without the writlen consent of Lender,then,prior to acceleraHon Lender shall
<br /> give notiCe to Grantor. The notice shall provide a period of not less than ten (10)days from the date oi the notice within which Grantor may pay the
<br /> sums deClared due. If Grantor fails to pay tho5e sums prior to the expiration of such period,Lender may,without further notice or dem8nd on Grantw,
<br /> invoke any remedies permitted in this Deed of Trust. A"sale or transfer" means the conveyance of Real Property or any tight, title or interest therein;
<br /> whether legal or equitable;whether voluntary or involunfary;whether by outright sele, deed,installment sale contract,Iand contract,contract for deed,
<br /> leasehold interest with a term greater than three(3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in or to any
<br /> land trust holding title to the Real Property,or by any other method of conveyance 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 /> e. TRAI�lSFER OF PROPERTY. The following prcvisior�s releHng to the transfer of the Real Property are a part of this Deed of Trust:
<br /> NotlCe of Transfer. Grentor shall give notice to Lender,as provided in this Deed of Trust,prior to any sale or transfer of all or part of the Property
<br /> or any rights in the Real Property. Any person to whom all 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 /> Advences Atter Transfer. All amounts advanced under the LOANLINER� Home Equity Plan Credit Agreement, up to the Credit Limit, are
<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 than five (5) days after notice to Lender, as provided in this Deed of Trust, that such transfer or sele hes occuRed.
<br /> Even if Grantor transfers the Real Property,Grantor witl 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 mey
<br /> require that the person to whom the Real Property is transferred sign an assumption agreement satisfactory to Lender and Lender may impose an
<br /> 8ssumpfion fee. The assumpGon agreement will not entitle the person signing it to receive advances under the Credit Agreement.
<br /> 9. TAXES AND�IENS. The following provisions relating to the ta�ces and liens on the Property are a part of this Deed of Trust.
<br /> Payment. Grantor shell pay when due(and in all events prior to delinquency)all taxes,speciat taxes,assessments,charges(including water and
<br /> sewer), fines and impositions levied against w on account of the Property, and shall pay when due all claims for work done on or for services
<br /> rendered w material turnished 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 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 /> Ripht 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 jeopardized. If a lien arises or is filed as a result of nonpayment,Grantor shall within frfteen
<br /> (15)days after the lien arises or,if a lien is filed,within fifteen(15)days after Grantor has notice.ot the filing,secure the discharge of the lien,or if
<br /> requested by Lender,deposit with Lender cash or a sufficient corporate surery bond or other security satisfactory to Lender in an amount sufficient
<br /> to discharge the lien plus any costs and attorneys'fees or other charges that could accrue as a result of a foreclosure or sale under the lien. 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 Lender as an additionel obligee under any surery bond furnished in the contest proceedings.
<br /> Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taues or assessments and shall
<br /> authorize the appropriate governmental official to deliver to Lender at any time a writlen statement of the taxes and assessments against the
<br /> Property.
<br /> Notice of ConstruCtio�. Grantor shall notify Lender at least fifleen (15) days before any work is commenced, any services are fumished,or any
<br /> materials are supplied to the Property, ii any mechanic's lien, materialmen's lien,or other lien could be asserted on account of the work,services,
<br /> or materials and the cost exceeds 310,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender
<br /> that Grantor can and will pay the cost of such improvements.
<br /> 10. PROPERTY INSURANCE The following provisions relating to insuring the Properiy are a part of this Deed of Trust.
<br /> Mal�tenance of Insuronce. Grantor shell procure and maintain policies o(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 avad 8ppl�cation of any
<br /> cansurance clause, and with a standard mo�tgegee 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 flood hazard area, Grantor agrees to obtein Federal Flood Insurance to the extent such insurance is required and is available. Pdicies
<br /> shall be wntten in form, amounts, coverages and basis reasonably acceplable to Lender and issued by a company or comparues reesonably
<br /> acxeptable to Lender. Grantor, upon request of Lender, will deliver to Lender hom time io time the policies or certificates of insurence in form
<br /> satiSfactory to Lender,including stipulations that coverages will not be cancelled or diminished without at least ten(10)days'prior written notice to
<br /> Lender.
<br /> AppliCation ot ProCeeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the esfimeted cost of repair or
<br /> replacement exceeds 310,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days ot the casualty. If,in Lender's
<br /> judgment, the restoration or repair is economically feasible and Lender's security is not lessened, insurence proceeds shall be applied to
<br /> restoration or repair ot the damaged Property. If the restoration or repair is not economically feasible or Lender'S secunty woutd be lessened,the
<br /> 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 abandons the Property,or does not answer within thirty(30) days a notice f�om Lender that the insurance camer has pNered to settle a
<br /> Gaim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by
<br /> thi5 Deed of Trust,whether or not then due. If Lender holds any proceeds aiter payment in full of the Indebtedness,such proCeeds shell be paid
<br /> to Grantor as Grantors interests may appear.
<br /> Unexptred Insurance at 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 provisions of this Deed of Trust,or at any foreclosure sa�e of such PropeAy.
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