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DEED OF TRUST 200211111 Page 3 <br />(Continued) <br />whether fee the to the leasehold premises, the leasehold estate, or any subbaseloltl estate, will marge without Lenders express written comeenq rather <br />these eatalea will remain separate and district, even if there is a union of these assume in the landlord, Grantor, or a third perry 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 Waterfall or <br />slmleflami title to the PropeM, that tale will, at Lenders option, immadutaly become subject 10 the terms of the Dead of Trust, and Grantor will <br />antedate. deliver and record ell documents necessary w appropriate to assure that such title is Secured by this Dared of Trust. <br />6. REHABILITATION LOAN AGREEMENT. Grantor shall fulfill all of Grantors obligations under any home rehabilitation, improvement. rapaiq or other <br />loan agreement which Grantor may enter into with Lender. Lender, at Landers option, may require Grantor to execute and Deliver to Lender, in a form <br />acceptable to Lander, an assignment of any rights, claims or deforms, which Grantor may have against parties who supply labor, mafeiah or services <br />in connection with Improvements made to the Property. <br />T. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, have the night to accelerate, that i5, declare immediately due and payable all <br />sums secured by this Dead of Trust upon the sale or transfer, without the Lenders prior wntlen consent, of all or any pad of the Real Property, or any <br />Interest in the Real Property, If Grantor sells or transfers be Rest Property without the written consent of Lender, than, p nor to acceleration Lentler shall <br />give notice to Grantor. The notice shall provide a period of not less than ten (10) days ham the date of the notice within which Grantor may pay the <br />sums dada ed due. It Grantor fails to Day those sums prior to the adonatmn of Such penotl, Lender may, famout further notice w demand on Grantor, <br />invoke any remedies permitted in this Dead of Trust. A 7sale or transfer means the conveyance of Real Prop" or any fight, one Of interest therein; <br />whether legal or equitsba,; whetrler voWhary IX involuntary; whether by outright sale, deed, installment sale contract, land contract, contract 1d, deed, <br />leasehold interest with a farm greet& than three (3) years, lease- option contract, or by see, assignment, or transfer of any ber,eficlaf interest in or is any <br />land trust holding the to the Real Property, or by any other method at conveyance of Real Property interest. Rowever, this option shall not be exercised <br />by Lentler 0 such exercise h prohibited by federal law or by Nebraska law. <br />a. TRANSFER OF PROPERTY. The fcbowing provisions relating to the transfer of the Reel Property are a part of this Dead of Trust. <br />Notice of Transfer. Grantor shall give notice to Lender, as provided in this Dead of Trust. prior to any sale or transfer of it or an of the Property <br />or any rights in the Real Proper'. Any parson to whom all pr pall of the Real Property is ..]a or transferred also Shall be odigaled to give notice <br />to Lancer, as provided in this Deed of Trust, promptly after such transfer. <br />Advances After Transfer. Al, amounts advanced under in. LOAN-INERT, Home Equity Plan Capt Agreement, up to fine Credit Lirrli:, era <br />Secured by this Deed of This„ whether advanced net.. or after sale or transfer of the Real Property, except any amounts which may be <br />advanced by Lender more than five (5) Says after notice to Lender, as provided in this Dead of Trust, that such transfer or sale rtes occurred. <br />Even 0 Grantor transfers the RBI PropeM. Grantor will continue to be obligated under the Credll Altmemenl and this Dead of Trust unless Lender <br />releases Grantor in wNmg. As a onyltlon to timber's consent to any proposed transfer or as a cohoivoh to the release of Grantor. Lender may <br />require ins! the person Ic whom the Real Property Is Irarsterrec sign an assumption apreameirl satsaaory Id Lender and Lender may impose an <br />assumption tee. The mal lOh agreement will not entitle the sewn signing I: to receive actvances under he Credit AgreemanL <br />a. TAXES AND LIENS. T he fvldi caravans relating to the taxes and bens on the Pmpertv are a par, of this Dead of Trust. <br />Payment. Grantor Shall pay v,li due (and m all &,ants prior to delinquency) all taxes, SplSfal taxes, sesesemerho charges (Including water and <br />Sewer), fines no impsarans leered against or an .-count of the Property, an.- shall pay when due all .aims far work done an W for semcm <br />rendered or material furnished U the Property. Grantor shall maintain the Pmpery fare of all iw_n= ha,mg phody over or equal to the mmme! of <br />Lender Under this Deed or Trusl ex ial for the ten of taxes and assessments not due, except Idr the existing Indebtedness rateRed to bald., and <br />except as otherwise provided ih ins Deed of Trust. <br />Right To Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a'eooc faith dispute over ire obligation to <br />pay, so long AS Lancers inareal in the Proper' IS not jedpardoned. If a lien tenses or Is filed as a result of bonpavmem, Grantor Shall within Ill <br />(15) days after the lien arses o'. II a lien is filed, within fifteen (15) days after Grantor has notice Of the filing, Secure the discharge of line Ilan, or if <br />requested by Lender, deposit with Lender man or a sufficient corporate surety bond or other secunly satisfactory to Lender in an amount sufficient <br />to discharge the lien plus any cash and attomeyf fears or other charges that could accrue as a result of a tomposem ar sale dhder the lam. In <br />any contest, Grantor shall satanic tat and Lender and shall sabsy any adverse jveoment before enforcement against the Property. Grantor shall <br />name Lender as an additional obligee under any surety bond furnished In the contest proceedings <br />Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evloence of payment of the fixes Of assessments and shall <br />authodTe the appropriate governmental official to deliver to Lender of any time a written statement of the axes and assessment against the <br />property. <br />Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are famished, or any <br />materials are supplied to the Proper, fl any macllass's lien, malenalmen's lien, or other an could be asserted on account of the work, services, <br />or materials and the cost exceeds E10,11W.IX1. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender <br />that Grantor San and will pay the cost of such improvements. <br />10. PROPERTY INSURANCE The following provisions relating to insuring the Property are a pact of this Deed of Trust. <br />Maintenance of Insurance. Grantor shall procure and maintain policies of lire insurance with standard Scabbed coverage endorsements on a <br />replacement basis for the full insurable value covering all Improvements on the Real Property In an amount sufficient to avo d application of any <br />coinsurance clause. and with a standard modgagea clause in favor of Lender, together with such other naard and liability insurance as Lender <br />may reasonably require. If the Reel Property is located In an area designated by the Director of the Federal Emergency Management Agency m a <br />special flood hadard area, Grantor agrees to obtain Federal Flood Insurance to the extent such insurance is required and is available. Policies <br />shall be wall 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 cerfificales of insurance in form <br />satisfactory to Lender, including snpulafions that coverages will not be cancelled or diminished without at least ten (10) days' prior wntlen notice to <br />Lender. <br />Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property a the estimated cost of repair or <br />replacement exceeds $10,000.00. Lender may make proof of loss if Grantor fails to do so within finnan (15) days of the casualty. It, in Lender's <br />judgment, the restoration or repair is economically feasible and Lender's security is not lessened, insurance proceeds shall be applied to <br />restoration or repair of the damaged Property. If the restoration or repair is not economically feasible or Lenders 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 Property, d, does not answer within thirty (3D) days a notice from Lenoar that life insurance teenier bas oXerad to si . <br />claim, Then Lender may collate 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 or not than due. if Lender holds any proceeds after payment in full of the Indebleforms, such proceeds shall be paid <br />to Grantor as Grantors Interests may appear. <br />