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RE- RECORDED
<br />200 3992
<br />111111 TRUST b9 10902500 Page
<br />(Continued)
<br />whether fee fine to the leasehold premises, the household estate, or any sublessshold estate, will merge without Lenders address written consent; tether
<br />Ifese 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
<br />otherwise acquires the asates. Grantor Winner agrees that if Grantor acquires all or a portion of the fee simple title, or any other leasehold or
<br />subleasehold fine to the Property, that title will, at Lender's option, immediately become subject to the forms of this Dead of Trust, and Grantor wit
<br />execute, deliver and record all documents necessary or appropriate to assure that such title 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, repair, or other
<br />loan agreement which Grantor may enter into with Lender. Lender, at Lender's option, may require Grantor to execute and deliver to Lander, in a Worm
<br />acceptable to Lender, an assignment of any right, claims or defenses which Grantor may have against parties who supply labor, m marts 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 right to accelerate, that is, declare immediately due and payable all
<br />sums secured by this Dead of Trust upon the sale or transfer, without the Lenders prior written consent, of all or any pan of the Real Properly, or any
<br />interest in the Real Property If Grantor sells a transfers the Fail Property without the written consent of Lender, then, pnor to acceleration 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 Grantor may pay the
<br />sums declared due. If Grantor fails to pay those sums prior to the expiration of such peno0, 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, to m interest therein;
<br />whether legal or equitable: whether voluntary or involuntary; whether by outright sale, dead, installment seta contract, and contact, contact for dead.
<br />leasehold interest wish a term greater than three f3) years, lease - option contact, or by sale, assignment, a transfer of any beneficial nation In or to any
<br />antl trust holding title to the Real Property, or by any other method of conveyance of Reel Property interest. However, this option shall not he exercised
<br />by Lender if such exercise is prohibited by federal law or by Nebraska taw.
<br />S. TRANSFER OF PROPERTY. The following provisions relating to the transfer of the Real Property are a part of this Deed 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 or part of the Property
<br />or any rights in the Real Property. Any person to whom all or pan of the Real Property Is sold or transferred also shall be odgaled to give notice
<br />to Lentler, 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 he
<br />advanced by Lender more than five (5) days after notice to Lender, as provided in this Dead of Trust, that such transfer on sale has occurred.
<br />Even S 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 t transferred sign an assumption agreement satisfactory to Lender and Lander may impose an
<br />assumption No The assumption agreement will not entitle the person signing it to receive advances under the Credit Agreement.
<br />a. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Properly are a pan of this Deed of Trust.
<br />Payment. Grantor shall pay when due (and in all events pnor to delinquency) all taxes, special taxes, assessments, charges (including water and
<br />sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services
<br />removed or materiel furnished to the Property. Grantor shall maintain the Property tee of all liens having pnority over or equal to the interest of
<br />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
<br />except as otherwise provided in this Dead of Trust.
<br />Right To Contest. Grantor may withhold payment of any lax, assessment, or claim in connection with a good faith dispute over the obligation to
<br />My, so long as Lenders interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grants shell within fifteen
<br />(15) days after the lien areas or, It a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the Ion, 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 attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In
<br />any contest, Grantor shall defend ihelr and Lender and shall salisty any adverse judgment before enforcement against the Property. Grantor shall
<br />name Lander as an additional obligee under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Grantor shall upon demand furnish to Lander satisfactory evidence of payment of the loxes or assrrsomenis and shall
<br />euUoris the appropriate governmental official to deliver to Lender at any time a written statement of the taxes 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 fumisled, or any
<br />materiels are supplied to the Property, if any mechanic's lien, matenalmen's lien, or other lien could be asserted on account of the work, services,
<br />or materials and the cost exceeds 510,000.0. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender
<br />that Grantor can antl will pay the cost of such improvements.
<br />10. PROPERTY INSURANCE The following provisions relating to'msunng the Property are a pan of this Deed 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 avoid application of any
<br />coinsurance clause. and with a standard mortgages cause in favor of Lender, together with such other hazadrd and lability insurance as Lander
<br />may reasonably require. If the Real Properly is located in an arm 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 extent such insurance is required and is available. Policies
<br />shall M written in form, amount, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably
<br />acceptable to Lander. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or cenifieates d insurance in form
<br />satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at oast on (10) days' 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 repair or
<br />replacement exceeds $10.000.00. Lender may make prod of loss if Grantor fails to do so within fifteen (15) days of the casually. If, in Lenders
<br />judgment, the restoration or repair is economically feasible and Lender's security is not assened, insurance proceeds shall W applied to
<br />restoration or repair of the damaged Property. If the restoration or repair is not economically feasible or Lancers security would be lessened, vie
<br />insurance proceeds shall be applied to the sums secured by this Deed of Trust whether or not then due, with any excess paid 0 Grantor. If
<br />Grantor abandons, the Property, or does not answer within thirty (30) days a notice from Lander that line insurance Tamer has offretl to sales a
<br />claim, than Lander may collect 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 or not then due. If Lender holds any proceeds after payment in full of the Indebtedrim, such proceeds shag M paid
<br />to Grantor as Grantor's names may appear.
<br />Unexpired Insurands Of Safe. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the property covered by this
<br />Deed of Trust at any trustee's sale or other sale held under the provisions of this Dead of Trust, or at any foreclosure ssa of such Property.
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