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P' 3ECORDED99 111389 DEED OF TRUST 99 109525 Page 3 200213993 (Continued) whether fee fine to the leasehold premises, the leasehold estate, or any subleasehold estate, will merge without Lender's express written consent; rather these estates will remain separate and distinct, even it there ls a union of these estates in the landlord, Grantor, or a third perry who purchases or otherwise acquires the astales. Grantor turther agrees that if Grantor acquires all or a podlon of the fare simple fill¢, or any other leasehold or subleasehold title to the Properly, that title will, at Lender's option, immediately become subject to the terms of this Deed of Trust, and Grantor will execute, deliver and record all documents necessary or appropriate to assure that such title is Secured by this Dead of Trust. S. REHABILITATION LOAN AGREEMENT. Grantor shall fulfill all of Grantor's obligations under any home rehabilitation, improvement, repair, an other loan agreement which Grantor may enter into with Lender. Lender, al Lender's option, may require Grantor to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Grantor may have against parties who supply labor, materials or services in connection with improvements made to the Property 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 sums Secured by this Dead of Trust upon the sale or transfer, without the Landers prior written consent, of all or any part of the Real Property, or any Interest in the Reel Property If Grantor sells or transters the Real Property without the written consent of Lentler, then, poor to acceleration Lander shall give notice to Grantor. The notice shall provide a period of not less than ten (10) days from the Cate of the noticewihlin which Grantor may pay the sums declared due, It Grantor falls to pay those sums prior to the expiration of such period Lander may, without further notice or demand on Grantor, invoke any remedies permitted In this Deed of Trust. A "sale or transfer means the conveyance of Real Property or any right, title or interest therein; whether legal or equitable; whether voluntary or involuntary; whether by outright Sale, deed, installment sale contract, land commit contract for dead, lessened interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any benefkeel interest In or to any lend trust holding title t,r the R.al Property, or by any other method Of corveyance of Real Properly damot. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law. a. TRANEFER OF PROPERTY. the following provisions relating to the transfer of the Real Property are a part of this Dead of Trust: Notice of Transfer. Grantor shall give notice to Lender, as provided in this Deed of Trust, prior to any sale or transfer of all or parl of the Property or any rghts in the Real Property - Any person to whom all or pad of the Real Property is sold or transferred also shall be obligated to give notice to Lender, as provided In this Dead of Trust, promptly after such transfer. Advances After Transfer. All amounts advanced under the LOANLINER9 Home Equity Plan Credit Agreement, up to the Credit Limit, are secured by this Dead Of Trust, whether advanced before or after sale or transfer of the Real Property, except any amounts which may be advanced by Lander more than five (5) days after notice to Lender, as provided m this Deed of Trust, that such transfer or sole has occurred. Even if Grantor transfers the Real Property, Grantor will continue to be obleatetl under the Credit Agreement and this Deed of Trust unless Lender releases Grantor In writing. As a condition to Lender's consent to any proposed transfer or as a condition to the release of Grantor, Lander may require that the person to wham the Real Property is transferred sign an assumption agreement satisfactory to Lender and Lender may impose an assumption fae. The assumption agreement will not entitle the person signing it to receive advances under the Credit Agreement. an TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a par! of this Used of Trust. Payment. Grantor shell pay when due (and in all events prior to delinquency) all taxes, special loxes, assessments, changes (including water and sewer), fines and impositions levied against or on account of the Properly, and shall pay when due all claims for work done on or for services rendered or material furnished to the Properly. Grantor shall maml91n the Property her, of all liens having pionty over Or equal to the interest of Lander under this Dead of Trust, except for the ben of taxes and assessments not due, except for the existing indebtedness refereed to below, and except as otherwise provitletl in this Dead of Trust. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest to the Property Is not jeopardized If a ben anses or Is filed as a result of nonpayment, Grantor shall within fi een (15) days after the lien arises or, if a lien is filed, within dean (15) days after Grantor has notice of the filing, secure the discharge of the lien, or a requested by Lentler, deposit with Lender cash or a sufficient corporate surety bond or other security Ssbsfaclory to Lender in an amount suffioent to discharge the lien plus any costs and attorneys fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend III and Lender and shall satisty any adverse judgment before enforcement against the Property. Grantor shall name Lander as an additional obbgea under any surety bond furnished in the conlesl proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender of least fifteen (15) days uefore any work Is commenced, any services are furnished, or any materials are suppled to the Property, if any mechanic's lien, materelmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds 510,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvement, 10. PROPERTY INSURANCE The following provisions relating t0 insuring the Property are a pad of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard Wended coverage endorsement on a replacement basis for the full Insurable value covering all Improvements on the Real Property in an amount sufrkienl to avoid application of any coinsurance clause, and with a standard mongagea clause in favor of Lander, together with such other hazard and liability Insurance as Lender may reasonably require . If the Real Property Is located In an area designated by the Director of the Federal Emergency Management Agency as a special need hazard area. Grantor agrees to obtain Federal Flood Insurance to the extent such Insurance Is required and t available. Policies shall be written In form, amount, coverages and basis reasonably acceptable to Lender and Issued by a company or companies reasonably acceptable to Lantler. Grantor, upon request of Lander, will deliver to Lander from time Io time the policies Or cantatas of imuaree in farm satisfactory to Lender, including stipulations met coverages will not be cancelled or diminished without at least ten (10) days prior wrined notice to Lentler. Application of Proceeds. Grantor shall promptly roily Lemina of any less or damage to the Property if the estimated coat of repair w replacement exceeds $10.000.00. Lender may make proof of loss If Grantor tails to do so within fihsen (15) days of the casually. If, in Lenders judgment, the restoration or repair is economically feasible and Lender's security is not Iessere , insurance proceeds shall ber applied to restoration or repair of the damaged Property- if the restoration or repair Is not economically feasible or Lender's security would be lessoned, me, Insurance proceeds shall be appled to the sums Secured by this Dead of Trust whether or not then tlue, with any excess paid to Grantor. If Grantor abandons the Property, or does not answer within thirty (30) days a notice from Lander that the Insurance tamer loss pitied be settle a otm, then Lander may collect the Insurance proceeds. Lender may use the proceeds to repair Or restore the Property or to pay sums secured by this Deed of Trust, whether b not than due. If Lender holds any proceeds after payment In full of the Indebtedness, Such proceeds Sloan be paid to Grantor as Grantors Interests may appear. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to the purchaser of the Properly covered by this Dead of Trust at any trustor se in or other sale had under the provisions of this Deed of Trust, Of at anv foreclosure all Of such Property.