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2002112$(0 DEED OF TRUST Page 3
<br />(Continued)
<br />whether fee We to the leasehold premises, the leasehold estate, or any sublaseshold estate, will merge without Lenders express written consent; rather
<br />these estates will remain separate and distinct. even if there is a union of Ideas 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 fim, or any other stee tl or
<br />subleasehold title t0 the Property, that Mle will, at Lenders option, immediately become subject to the terms of this Deed of Trust, and Grantor will
<br />- execute, delver and record all documents necessary or appropriate to assure that such title is secured by this Deed of Trust.
<br />6. REHABILITATION LOAN AGREEMENT. Grantor shall fulfill all of Grantees obligations under any home rel abilitation, improvement, repair, or other
<br />loan agreement which Grantor may enter into with Lender. Lender, at Lenders option, my require Grantor to execute and deliver to Lender, in a form
<br />acceptable to Lender, an assignment of any rights, claims w defenses which Grantor may have against parties who supply fall materiels w services
<br />in connection with improvements made to the Property.
<br />T. DUE ON SALE - CONSENT BY LENDER. Lander may, at its option, have the right to accelerate, that 6, declare tmmedetefy clue and payable all
<br />sums secured by this Deed of Trust upon the sale or transfer, without the Lenders prior written consent, of all or any part of the Real Property, w any
<br />interest in the Real Properly. If Grantor sells or transfers the Real Property without the written consent of Lender, then, Oder to aGCebrabon Lender shall
<br />give notice to Grantor. The notice shall provide a period of not less than ten (10) days from the date of the notice within which Granter may pay the
<br />sums declared due. If Grantor fails to pay those sums prior to the expiration of such period, Lender may, without further notice or demand on Grantor,
<br />invoke any remedies permitted in this Deed of Trust. A "sale or transfer means the conveyance of Real Property or any right, its w interest therein;
<br />whether legal or equitable; whether voluntary or involuntary, whether by Outright sele, deed, installment sale contract, land contract, contract for deed,
<br />leasehold interest with a term greater than three (3) years, lease -option contract, er by sale, assignment, or transfer w any b ,defioel interest in w to any
<br />antl trust holding title to the Real Property, w by any other method of conveyance of Real Property, interest. However, this option shall not be exercised
<br />by Lender @ such exercise is prohibited by federal law or by Nebraska Law.
<br />6. TRANSFER OF PROPERTY. The following provisions relating to the transfer of the Real 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 all w part of the Problem
<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 Dead 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 Lentler, more than five (5) clays after notice to Lender, as provded in this Dead of Trust, that such transfer er sale has attuned.
<br />Even H Grantor transfers the Real Property, Grantor will continue to be obligated under the Credit Agreement and this Deed 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 Property is transferred sign an assumption agreement satisfactory to Lender and Lender may impose an
<br />assumption fee. The assumption agreement will not entitle the person signing it to receive advances under the Credit Agrea here.
<br />6. TAXES AND LIENS. The following Provisions relating to the lazes and liens on the Property are a part of this Dead of Trust.
<br />Payment. Grantor shall pay when clue (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (mbuding wafer and
<br />sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for wow done on w for sami
<br />rendered br material furnished to the Property. Grantor shall maintain the Property tree of all liens having priority over or equal to tine interest of
<br />Lender under this Dead of Trust, except for the lien of taxes and assessments not clue, except for the existing indebtedness referred to below, and
<br />except as otherwise provided in this Dead of Trust.
<br />Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith diapule over the obligation to
<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 stall within fifteen
<br />(15) days after the lien arises w, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if
<br />requested by Lender, deposit, with Lender Cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient
<br />to discharge the lien plus any cosh and theme"' fees or other charges that could accrue as a result of a foreclosure or sale untler 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 Lentler as an additional oblges under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the fazes or assessments and shall
<br />authorbe the appropriate governmental official to deliver to Lender at any time a written statement of the razes and assessments against the
<br />Property.
<br />Notice of Construction. Grantor shall notify Lender at least fifteen (15) clays before any work Is commenced, any services are fumished, or any
<br />materials are supplied to the Properly, if any mechanic's lien, maledalmen's lien, or other lien could be asserted on amount o/ the work, d, or any
<br />or materials antl the cost exceeds $10,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender
<br />that Grantor can and will pay the cast of such improvements.
<br />10. PROPERTY INSURANCE The following provisions relating to insuring the Property are a pad of this Dead of Trust.
<br />Melntenamm of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
<br />replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
<br />coinsurance clause, and with a standard mortgages clause in Lava of Lender, together with such other hazard and liability insurance as Lander
<br />may reasonably require. If the Real Property is located in an area designated by the Director of the Federal Emergency Management Agency as a
<br />special flood hazard area, Grantor agrees to obtain Federal Flood Insurance to the exlenl such insurance is required and is available. Policies
<br />shall be written 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 w cedificates of insurance in form
<br />satisfactory 10 Lander, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days' ptlor written notice to
<br />Lander.
<br />Application of Proceeds. Grantor shall promptly notify Lentler of any loss or damage to the Property.if, 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 fifteen (15) days of the casualty. It, in Lenders
<br />'judgment, the restoration or repair is economically feasible and Lenders security is not lessened, insurance proceeds shall be applied to
<br />restoration or repair of the damaged Property. If the readmitted or repair is not economically feastble or Lender's security would be lessened, the
<br />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
<br />Grant& abandons the Property, or does not answer within thirty (30) days a notice from Lender that the insurance caner has offered to settle a
<br />Claim, then Lender may object the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by
<br />this Deed of Trust, whether w not then due. If Lender holds any proceeds after payment in full Of the Indebtedness, such proceeds shell be paid
<br />to Grantor es Grantors interests may appear.
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