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200302702 DEEDOFTRUST 201f90 Page (Continued) whether fee title to the leasehold promisee, the leasehold estate, or any subleesehold estate, will merge without Lender's express written consent; rather them estates will remain separate and distinct, even if there is a union of these estates in the landlord, Grantor, or a third party who purchases or otherwise acquires the estates. Grantor further agrees that if Grantor acquires all or a portion of the fee simple use, or any otter appal rid or subleasehdd title to the Property, that Mlle will, at Lender's option, immediately bacon supplier to the terms of this Dead of Trust, and Grantor will execute, deliver and record all documents necessary or appropriate to assure that such fine is secured by this Deed of Trust. 6. REHABILITATION LOAN AGREEMENT. Grantor shall fulfill all of Grantors obligations under any home rehadilitabon, improvement, repair. or other loan agreement which Grantor may enter into with Lentler. Lender, at Lamers option, may require Grantor to execute and deliver to Lender, in it form aeeeptaole to Lender, an assignment of any rights, claims or pedometer winch Grantor may he" against parties who supply labor. materiels or services . in contraction with improvements made to the Property. T. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option. have the right to accelerate, that is, declee immediately due and payable all sums moral by this Deed of Trust upon the sale or transfer, without the Lenders prior written consent, of all or any pan of the Real Property, or any interest in the Real PropeM. If Grantor sells or Senators the Real Property without the written consent of Lander, then, prior to acceleration Lander shall give notice to Grantor. The notice shall provide a period of not less than ten (10) days from IM data of the notice within which Grantor my pay the sums declared due. If Grantor fails 1t, pay those sums prior to the expiration of such period, Lender may, without further notice or demand on Grantor, invoke any remedies permitted in this Deed of Trust. A -sale or transfer mans the conveyance of Real Property o' any right, title or interest therein, whetter legal or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any paneficial interest in or to any land trust holding title to the Real PropeM• or by any other method of conveyance of Real Property Interest However, this option shalt not be exercised by Lender a such exercise is prohibited by federal law or by Nebraska few. A. TRANSFER OF PROPERTY. Tne following provisions relating to the transfer of the heal Property are a pan of this Dead of Trust: Notice of Transfer. Grantor shall give notice to Lender, as provided in this Deed of Trust, prior to any sale or transfer of ail or pan of the Property or any rights in the Reel Property. Any person t0 whom all or part of the Real Property is end a transferred also shall be obligated to give ncuce to Lender, as provided in this Deed of Trust, promptly alter such transfer. Advances After Transfer. All amounts advanced under the LOANLINER0 Home Equity Plan Crech Agreement, up to the Credit Limit, are secured by this Deed of Trust, whether advanced before or after sale or transfer of the Real Property, except any amounts which may be advanced by Lender more than five (5) days after notice to Lender, as provided in this Dead of Trust, that such transfer or sale has occurred. Even 0 Grantor transfers the Real Property, Grantor will continue to be obligated under the Credit Agreement and this Dead of Trust unless Lender 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 require that the person to whom the Real Property is transferred sign an assumption agreement satisfactory to Lender and Lentler my impose an assumption fee. The assumption agreement will not entitle the person signing it to receive advances umber the Credit Agreement. 9. TAXES AND LIENS. The following p,.,sions relating to the taxes and liens on the Property are a part of this Dead of Trust. Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fires and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property See of all liens having Priority over or equal to the Interest of Lender under this Dead of Trust, except for the lien of taxes and assessments not due, except for the existing indebtedness referred to below, and except as otherwise provided in this Deed of Trust. Right To Contest. Grantor may withhold payment of any lax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's Interest In the Property is not jeopardized. If alien Shoes or is filed as a result of nonpayment, Grantor shall within fif eon (15) days after the lien arises or it a lien is hied, within fiheen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient Corporate surety bond or Other sectary Satisfactory to Lender In an amount sufficient to discharge the lien plus any cosh and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend door and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional mill under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the lazes or assessments and shall authorilE the appropriate governments official to deliver to Lender at any time a writer, statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) bays before any work is commenced, any services are fumished, or any materials are supplied to the PropeM, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds S10,000A0. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. 10. PROPERTY INSURANCE The following provisions relating to insuring the Property are a pan of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsement on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance dausa, end with a standard modgagse clause in favor of Lender, together with such other havard and liability insurance as Lender may reasonably require. If the Real Property is located in an arm designated by the Director of the Federal Emergency Management Agency as a special flood ha¢ard area, Grantor agrees to obtain Federal Flood Insurance to the extent such insurance is required and is available. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or cenlficalas of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days' prior written notice to Lender. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property it the estimated cost of repair w replacement exceeds $10,030.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. If, in Landers judgment, the restoration or repair is economically feasible and Lenders security Is not lessened, insurance proceeds shall be applied to restoration or repair of the damaged Property. If the restoration or repair is not economically feasible or Lenders security, would be lessened, the insurance proceeds shall be applied to the sums Secured by this Dead of Trust whether or not then due, with any excess paid to Grantor. If Grantor abandons the Properly, or does not answer within thirty (30) days a notice from Lender that the insurance carrier has offered 10 settle e claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Good of Trust, whether or not then due. If Lender holds any proceeds after payment in full of the indebtedness. such proceeds shall be paid to Grantor es Grantors interest may appear.