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DEED OF TRUST 2002077900 Page 3
<br />(Continued)
<br />whether fee title to the leasahold premises, the leasehold estate, or any subleasehold estate, will merge without Lencl express written consent; rather
<br />these estates will remain separate and shall even if there is a union of these estates in the landlord, Grantor, or a third party who purchases or
<br />otherwise acquires the estates. Grantor further agrees that if Grantor acquires all or a portion of the fee simple title, or any other leasehold or
<br />subleasehdd title to the PropeM• that the will, at Lenders option, immediately become subject to the terms of this Dead of Trust. and Grantor will
<br />execute, deliver and record all documents necessary or appropriate to assure that such fitle is secured by this Dead of Trust.
<br />6. REHABILITATION LOAN AGREEMENT. Grantor shall fulfill all of Grantor's obligations under any home rehabilitation, improvement, regain, or other
<br />loan agreement which Granlw may enter into with Lender. Lender, at Lenders option, may require Grantor to execute and deliver to Lontler, in a form
<br />acceptable to Lender, an assignment of any rights, claims or defenses which Grantor may have against parties who supply labor, materials or sainces
<br />in connection with improvements matte to the Property.
<br />T. DUE ON SALE — CONSENT BY LENDER. Lender may, at its option, have the right to accelerate, that is, hads immediately due and payable all
<br />sums Secured by this Dead of Trust upon the sale or transfer, without line Lenders prior written consent, of all or any pad of the Real Property, or any
<br />interest in the Real Property. If Grantor aehs or transfers the Reel Property without the written consent of Lender, than, new to accabration Lentler shall
<br />give notice to Grantor. The notice shall provide a period of not less man ten (10) days from the date of the notice within which Grantor may pay the
<br />sums declared due. If Grantor tails to pay those sums prior to the expiration of such period, Lender may, without turner notice or derrend on Grantor,
<br />invoke any remedies permitted in this Dead of Trust. A'sale or Iransf a` means the conveyance of Real Property or any right, time or interest therein;
<br />whether legal w equitable; whether voluntary w involuntary; whether by outright sale, deed, installment sale contract, and centred, contract for deed,
<br />leasehold interest with a term greater than three (3) yki jssj a ption contract, or by sale, assignment, or transfer of any beneficial interest in or to any
<br />land trust homing title to the Real Property, or by any other method of conveyance of Real Prop" interest However, this option shall not be exercised
<br />by Lender d such exercise s prohibited by federal aw or by Nebraska law.
<br />6. TRANSFER OF PROPERTY. The following provisions relating to the transfer of the Real Property are a Dad of this Dead of Trust:
<br />Nonce of Transfer. Grantor shall give notice to Lender, as provided in this Deal of Trust, prior to any sale or transfer of all or pad 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 />Advances After Transfer. All amounts advanced under the LOANLINER® Home Equity Plan Credit Agreement, up to the Credit Limit, are
<br />Secured by this Dead 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 Lentler, as provided in this Deed of Trust, that such transfer w sake has occurred.
<br />Even a Grantor transfers the Real Property, Grantor will continue to be obligated under the Credit Agreement and this Dead 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 may
<br />require that the person to whom the Real Prop" is transferred sign an assumption agreement satisfactory to Lender and Lender may impose an
<br />assumption lee. The assumption agreement will not entitle the person signing it to receive advances under the Credit Agreement.
<br />9. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust.
<br />Payment. Grantor shall pay when due (and In all events prior to delinquency) aft Ilexes, special taxes, assessments, charges (including water and
<br />sewer), Lines and impositions levied agamsl or on account of the Property, and shall pay when due all claims for work done on or tor services
<br />rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having phony over or equal to the interest of
<br />Lender under this Deed of Trust, except for the lien of taxes and assessments not tlue, excepl for the existing indebtedness renamed to below, no
<br />except as otherwise provided in this Deed of Trust.
<br />Right To Contest. Grantor may withhold payment of any tax, assessment, or claim In connection win a good faith dispute over the obligahorr, 10
<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 fifteen
<br />(15) days after the lien arses w, if a lien is filed, within fiheen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or If
<br />requested by Lender, dapoul with Lentler man or a sufficient corporate surety bend or other saeenty sal- pactory to Lender in an amount sufficient
<br />to discharge the lien plus any costs and adompir,'taes or other charges that could accrue as a result of a tore tosure or safe 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 additional obliges under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Grantor shall upon demand furnish to Lender satislaclory evidence of payment of the lazes w assessments and shall
<br />authorize the appropriate governments official to deliver to Lender at any time a written statement of the taxes and assessments against the
<br />Property.
<br />Notice of Construction. Grantor shall notify Lender at least hdeen (15) days before any work is commenced, any services are furnished, or any
<br />materials are supplied to the Prop", it 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 510, 00.00. 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 improvement.
<br />10. PROPERTY INSURANCE The following provisions relating to insuring the Property are a part of this Dead of Trust.
<br />Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsement on a
<br />replacement basis for the full insurable value covering all Improvements on the Real Property In an amount sufficient to evdd application of any
<br />coinsurance clause, and with a standard mortgagee clause in favor of Lender, logether with such other hazard and liability insurance as Lender
<br />may reasonably require. If me Real Property is located in an area designated by the Director of the Federal Emergency Management Agency as a
<br />special food hazard area, Grantor agreed to obtain Federal Flood Insurance to the extent such insurance is required and IS available. Policies
<br />shell be milen in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably
<br />acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form
<br />satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) says' prior written notice to
<br />Lentler.
<br />Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of ,vpair or
<br />replacemenl exceeds S1 D,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. If, in Lenders
<br />'judgment, the restoration or repair is economically feasible and Lenders Secondly is not lessened, insurance proceeds shall be applied to
<br />restoation w repair of the damaged PropeM If the restoration or repair is not economically feasible or Lender's security would 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 PropeM. or does not answer within thirty (30) days a notice from Lender that the insurance camier has offered to write a
<br />claim, than Lender may dialect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by
<br />this Dead of Trust, whether w not then due. If Lender holds any proceeds after payment in full of the Indebtedness, such concedes Shall be paid
<br />to Grantor as Grantor's interest may appear.
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