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200304319 <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 for the periods that Beneficiary requires. The insurance carrier providing the insurance shall be <br />chosen by Trustor subject to Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails <br />to maintain the coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect <br />Beneficiary's rights in the 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 <br />or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary <br />requires, Trustor shall immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon <br />loss, Trustor shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof <br />of loss if not made immediately by Trustor. <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the <br />Property or to the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds <br />to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any <br />payment. Any excess will be paid to the Trustor. If the Property is acquired by Beneficiary, Trustor's right to <br />any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to <br />Beneficiary to the extent of the Secured Debt immediately before the acquisition. <br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any <br />financial statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, <br />and file any additional documents or certifications that Beneficiary may consider necessary to perfect, continue, <br />and preserve 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 <br />this Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, is trust, <br />with power of sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of <br />record. <br />7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately <br />due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This right <br />is subject 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 <br />Secured Debt 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 or Grantor occurs that adversely affects the Property or <br />Lender's rights in the Property. This includes, but is not limited to, the following: (a) Grantor fails to maintain <br />required insurance on the Property; (b) Grantor transfers the Property; (c) Grantor commits waste or otherwise <br />destructively uses or fails to maintain the Property such that the action or inaction adversely affects Lender's <br />security; (d) Grantor fails to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be <br />filed against the Property that is senior to the lien of this Security Instrument; (e) a sole Grantor dies; (f) if more <br />than one Grantor, any Grantor dies and Lender's security is adversely affected; (g) the Property is taken through <br />eminent domain; (h) a judgment is filed against Grantor and subjects Grantor and the Property to action that <br />adversely affects Lender's interest; or (i) a prior lienholder forecloses on the Property and as a result, Lender's <br />interest is adversely affected. <br />Executive Officers. Any Borrower is an executive officer of Lender or an affiliate and such Borrower becomes <br />indebted to Lender or another lender in an aggregate amount greater than the amount permitted under federal <br />laws and regulations. <br />9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security <br />Instrument, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner <br />provided by law if Trustor is in default. In some instances, federal and state law will require Beneficiary to <br />provide Trustor with notice of the right to cure, or other notices and may establish time schedules for <br />foreclosure actions. Each Trustor requires a copy of any notice of default and any notice for sale thereunder be <br />mailed to each Trustor at the address provided in Section 1 above. <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall <br />become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or <br />anytime thereafter. <br />If there is a default, Trustee shall, at the request of the Beneficiary, advertise and sell the Property as a whole or <br />in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all <br />right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give notice of sale <br />including the time, terms and place of sale and a description of the property to be sold as required by the <br />applicable law in effect at the time of the proposed sale. <br />Upon sale of the property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the <br />Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, <br />shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior <br />NEBRASKA - HOME EQUITY LINE OF CREDIT DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA, OR VA USE) <br />Page 3 of 5 //11 <br />IDS, Inc. -(800) 554 -1872 Borrower's Initial&�� f, <br />