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<br /> 200000769 _
<br /> ` ` M DEED OF TRUST Page 6
<br /> (Continued)
<br /> title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, end fees for the Trustee, to the extent permitted by
<br /> applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law.
<br /> AI�Ms of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br /> 21. GRANTOR'S RIGHT TO REINSTATE. If Grantor meets certain conditlons, Grantor shall have the right to have enforcement of thi5 Deed ot Trust
<br /> discontinued at any time prior to the earlier of (i)five(5)days(or such other period as applicable Iaw mey specify for reinstatement)before s81e of the
<br /> Property pursuant to any power of sale contained in this Deed of Trust or (ii)entry of a judgment enforcing this Deed of Trust. Those Conditions are
<br /> that Grarrtor: (s)pays Lender all sums which would then be due under this Deed of Trust and the Credit Agreement had no acceleration occurred; (b)
<br /> cures aH other defaults under this Deed of Trust and the Credit Agreement; (c)pays all reasonable expenses inCurred in enforcing this Deed of Trust,
<br /> including,but not limited to,reasonable attorneys'fees;and (d)takes such action as Lender may re8sonably require to assure that the lien of this Deed
<br /> of Trust, Lender's rights in the Property and Grantor's obligation to pay the sums secured by this Deed of Trust shall continue unchanged. Upon
<br /> reinstatement by Grantor,this Deed of Trust and the obligations secured hereby shall remain fully eHective as if no acceleretion had occured but Lender
<br /> shall not be obligated to make any more credit advances. This right to reinstate shall apply if Grantor has not previously exercised the right to reinstate
<br /> under this same Deed of Trust.
<br /> 22. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligaHons of Trustee are part of this Deed ot
<br /> Trust.
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actions with
<br /> respect to the Property upon the request of Lender and Grantor: (a)jan in preparing and filing a map or plat of the Real Property,including the
<br /> dedication of streets or other rights to the public; (b)join in granting any easement or creating eny restriction on the Real Property;and (C)join in
<br /> any subordination or ether agreement attecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required tor Trustee under applicable law. In addition to the rights and remedies set forth above,
<br /> with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale,and�ender shall have the right to
<br /> forecfose by judicial foreclosure,in either case in accordance with and to the full extent provided by applicable law.
<br /> SutCessor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded as required by applicable law. The instrument shall contain, in addition to all
<br /> other matters required by state law, the names ot the original Lender,Trustee, and Grantor, the book and page(or computer system reference)
<br /> where this Deed of Trust is recorded, and the name and address of the successor trusfee, and the inshument shall be executed and
<br /> adcnowledged by all the beneficiaries under the Deed of Trust or their successors in interest. The st�ccessor trustee,without Conveyance of the
<br /> Property,shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure
<br /> for substitutlon of trustee shall govern to the exclusion of all other provisions for substitution.
<br /> 23. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing and shall be ef(ecHve when actually
<br /> delivered or,if mailed,shall be deemed effective when deposited in the United States mail first class, registered mail,postage prep8id,directed to the
<br /> addresses shown near the beginning of this Deed of Trust. Any party may change its address for notic�s under this Deed of Trust by giving formal
<br /> written notice to the other parties, specifying that the purpose of the notice is to change the partys address. All copies of notices of foreclosure from
<br /> the hdder of any lien which has priority over this Deed of Trust shall be sent to�ender's address,as shown near the beginning of this Deed oi Trust.
<br /> For notice purposes,Grantor agrees to keep Lender and Trustee informed at all times of Grantor's cuRent address.
<br /> 24. ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit ownership law or simifar law
<br /> for the establishment of condominiums or cooperative ownership of the Real Property:
<br /> Power of Attomey. Grantor grants an irrevocable power of attorney to Lender to vote in its discretion on any matter that may come before the
<br /> association of unit owners. Lender shall have the right to exercise this power of attorney only atter defautt by Grantor; however, Lender may
<br /> dedine to exercise this power as it sees fit.
<br /> Inauronce. The insurance as required above may be carried by the association of unit owners on Grantor's behalf, and the proceeds of such
<br /> insurance may be paid to the association of unit owners for the purpose of repairing or reconstructing the Property. If not so used by the
<br /> association,such prxeeds shall be paid to Lender.
<br /> Compllance wlth Regulations of Assoclation. Grantor shall perform all of the obligations imposed on Grantor by the dectaration submitting the
<br /> Real Property to unit ownership,by the bylaws of the association of unit owners,or by any rules or regulations thereunder. If Grantor's interest in
<br /> the Real Property is a leasehold interest and such property has been submitted to unit ownership, Grantor shall perform aIl of the obligations
<br /> imposed on Grantor by the lease of the Real PropeRy from its owner.
<br /> 25. MISCElLANEOUS PROVISIONS. The followinfl miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together wfth any Related Documents,constitutes the entire understanding and agreement of the parties as to
<br /> the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed
<br /> by the party or parties sought to be charged or bound by the alteration or amendment.
<br /> Appllcable Law. This Deed of Trust shall be govemed by and construed in accordance with the laws of the State of Nebraska.
<br /> Captfon Fkadlnys. Caption headings in this Dced of Trust are for convenience purposes only and are not to be used to interpret or define the
<br /> provisions of this Deed of Trust.
<br /> Grantor's Copy of Documents. Lender agrees to provide Grantor with a conformed copy of both the LOANLINER� Home Equity Plan Credit
<br /> Agreement and this Deed of Trust at the time they are executed or within a reasonable time after this Deed of Trust is recorded.
<br /> Merper. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any
<br /> dme held by or for the benefit of Lender in any capacity,without the written consent of�ender.
<br /> Muttlple Parties. All obligations of Grantor under this Deed of Trust shall be joint and several,and all referer�ces to Grantor shall mean each and
<br /> every Grantor. This means that each oi the persons signing below is responsible for all obligatlons in this Deed of Trust.
<br /> Severablllty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as fo any person or
<br /> circumstence,such finding shall not render that provision invalid or unenforceeble as to any other persorts or prcumstanCes. If feasible,any such
<br /> offending provision shall be deemed to be modified to be within the limits of enforceability or validity;however,if the offending provision cannot be
<br /> so modified,ft shall be stricken and all other provisions of this Deed of Trus1 in all other respeCts shall remain valid and enforceable.
<br /> Acknowkd�ment. Prior to the execution hereot Grantor executed an acknowledgment stating that Grantor understands that (a) this Deed of
<br /> Trust is a trust deed and not a mortgage and (b)the power of sale provided for in this Deed of Trust provides subsffintially different dghts and
<br /> obligations to Grantor than a mortgage in the event of defautt or breach of obligation.
<br /> SutCessors and Asslgns. Subject to the limitations stated in this Deed of Trust on transter of Grantor's interest, this Deed of Trust shall be
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