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 />
|