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DEED OF TRUST 2003-16413" Page 3
<br />(Continued)
<br />whether fee title to the leasehold premises, the leasehold estate, or any subleasehold estate, will merge without Lender's express written consent; rather
<br />these 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 estates. Grantor further agrees that if Grantor acquires all or a portion of the fee simple title, or any other leasehold or
<br />subleasehold title to the Property, that title will, at Lender's option, immediately become subject to the terms of this Deed of Trust, and Grantor will
<br />-execute, deliver 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 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 Lender, in a form
<br />acceptable to Lender, an assignment of any rights, claims or defenses which Grantor may have against parties who supply tabor, materials or services
<br />in connection with improvements made to the Property.
<br />7. 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 Deed of Trust upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any
<br />interest in the Real Property. If Grantor sells or transfers the Real Property without the written consent of Lender, then, prior 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 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, title or interest therein;
<br />whether legal or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed,
<br />leasehold interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any
<br />land trust holding title to the Real Property, or by any other method of conveyance of Real Property interest. However, this option shall not be exercised
<br />by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />a. 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 Deed 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 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. AIi amounts advanced under the LOANLINERS Home Equity Plan Credit Agreement, up to the Credit Limit, are
<br />secured by this Deed 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 Lender, as provided in this Deed of Trust, trial such transfer or sale has occurred.
<br />Even if Grantor transfers the Rea! 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 tee. The assumption agreement will not entitle the person signing it to receive advances unoer 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) 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 />rendered or material furnished to the Property. Grantor shall maintain the Property tree of all bens having priority over or equal to the interest of
<br />Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the ex!siing indebtedness referred to below, and
<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 with a good faith dispute 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 shall within fifteen
<br />(15) days after the lien arises or. 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 costs 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 itself and Lender and shall satisfy any adverse judgment 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 evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
<br />Property.
<br />Notice of Constriction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any
<br />materials are supplied to the Property, if 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 $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 cost of such improvements.
<br />10. PROPERTY INSURANCE The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance 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 mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender
<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 extent 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 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) days' prior written notice to
<br />Lender.
<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 proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. If, 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 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 Property, or does not answer within thirty (30) days a notice from Lender that the insurance carrier has offered to settle a
<br />claim, then Lender 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 Indebtedness, such proceeds shall be paid
<br />to Grantor as Grantor's interests may appear.
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