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200408066 <br />Vl WBCD LOAN # 500224476 <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the <br />purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection <br />specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's <br />benefit and Trustor will in no way rely on Beneficiary's inspection. <br />Authority to Perform. If Trustor fails to perform any duty or any of the covenants contained in thi§ Security <br />Instrument, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary <br />as attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to <br />perform for Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude <br />Beneficiary from exercising any of Beneficiary's other rights under the law or this Security Instrument. <br />Leaseholds; Condominiums; Planned Unit Developments. Trustor agrees to comply with the provisions of any <br />lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit <br />development, Trustor will perform all of Trustor's duties under the covenants, by -laws, or regulations of the <br />condominium or planned unit development. <br />Condemnation. Trustorwill give Beneficiary prompt notice of any pending orthreatened action, by private or public <br />entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. <br />Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. Trustor <br />assigns to Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other <br />taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided <br />in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, <br />security agreement or other lien document. <br />Insurance. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks <br />reasonably associated with the Property due to its type and location. This insurance shall be maintained in the <br />amounts and forthe periods that Beneficiary requires. What Beneficiary requires pursuantto the preceding sentence <br />can change during the term of the loan. The insurance carrier providing the insurance shall be chosen by Trustor <br />subject to Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage <br />described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the <br />Property according to the terms of this Security Instrument. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage <br />clause" and, where applicable, "loss payee clause." Trustor shall immediately notify Beneficiary of cancellation or <br />termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, <br />Trustor shall immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Trustor <br />shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made <br />immediately by Trustor. <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property <br />or to the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal <br />shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any <br />excess will be paid to the Trustor. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies <br />and proceeds resulting from damage to the Property before the acquisition shall pass to Beneficiary to the extent <br />of the Secured Debt immediately before the acquisition. <br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any financial <br />statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any <br />additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve <br />Trustor's obligations under this Security Instrument and Beneficiary's lien status on the Property. <br />6. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with <br />power of sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. DUE ON SALE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due <br />and payable upon the creation of, or contractfor the creation of, a transfer or sale of the Property. This right is subject <br />to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. <br />8. DEFAULT. Trustor will be in default if any of the following occur: <br />Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt <br />that is an open end home equity plan. <br />Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a <br />payment when due. <br />Property. Any action or inaction by the Borrower orTrustor occurs that adversely affects the Property or Beneficiary's <br />rights in the Property. This includes, but is not limited to, thefollowing: (a) Trustorfails to maintain required insurance <br />on the Property; (b) Trustor transfers the Property; (c) Trustor commits waste or otherwise destructively uses or fails <br />to maintain the Property such that the action or inaction adversely affects Beneficiary's security; (d) Trustor fails to <br />pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is <br />senior to the lien of this Security Instrument; (e) a sole Trustor dies; (f) if more than one Trustor, any Trustor dies <br />and Beneficiary's security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment <br />is filed against Trustor and subjects Trustor and the Property to action that adversely affects Beneficiary's interest; <br />or (i) a prior lienholder forecloses on the Property and as a result, Beneficiary's interest is adversely affected. <br />Initials: <br />NEBRASKA - HOME EQUITY LINE OF CREDIT DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) <br />E459itg © 1994 Bankers Systems, Inc., St. Cloud, MN Form OCP- REDT -NE 1/30/2002 <br />(OD„- C465(NE) (0301) VMP MORTGAGE FORMS - (800)521 -7291 <br />Page 3 of 6 NE1365DE 0307 <br />08 -04 -2004 10:53 <br />