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2000028 �3 DEED O Page 6
<br />n edUST �� - ,-, ,; f� ��,,
<br />title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and 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 />Rights 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 conditions, Grantor shall have the right to have enforcement of this Deed of Trust
<br />discontinued
<br />roperty pursuant time prior to the earlier of (i) five
<br />power of sale contained n this Deed of Trust or
<br />e(ii) entry of a applicable
<br />udgmbent enforcing this for Thobefore
<br />condtio conditions are
<br />that Grantor (a) Lunder this Deed ofrTrustand tthe Credit greement; Deed
<br />c) pays of.Trust and the incurred in enforcing his Deed of Trust,
<br />cures all other defaults
<br />including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may
<br />secured by this Dead of Trust shall Scontintue tunchanged Upon
<br />of Trust, Lender's rights in the Property and Grantor's obligation to pay
<br />reinstatement by Grantor, this Deed of Trust and the obligations secured hereby shall remain fully effective as if no acceleration 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 obligation of Trustee are part of this Deed of
<br />Trust
<br />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 />Powers
<br />aspect o the Property upon the request a Lender and Grantor. (a) join 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 any restriction on the Real Property; and (c) join in
<br />any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above,
<br />Trustee. Trustee
<br />with respect to all s any part ll Property, the Trustee shall have the right to foreciose by notice and sale, and Lender shall have the right to
<br />foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
<br />Suxessor 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 taw. The instrument shall contain, in addition to all
<br />other matters required by state law, the names of 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 trustee, and the instrument shall be executed and
<br />acknowledged by all the beneficiaries under the Deed of Trust or their successors in interest. The successor 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 substitution 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 effective when actually the
<br />delivered or, if mailed, shall be deemed effective when deposited in the United States mail first class, registered mail, postage prepaid, directed to
<br />addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by g ng
<br />f the notice is to change the party
<br />written notice to the other parties, specifying that the purpose o's address. All copies of notices of foreclosure from
<br />the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of rust.
<br />For notice purposes, Grantor agrees to keep Lender and Trustee informed at all times of Grantor's current address.
<br />24. ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit ownership taw or similar law
<br />for the establishment of condominiums or cooperative ownership of the Real Property:
<br />Power of Attorney. 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 after default by Grantor; however, Lender may
<br />decline to exercise this power as it sees fit.
<br />Insurane. The insurance as required above may be carried by the association of unit owners on Grantor's behalf, and the proceeds of such
<br />c
<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 proceeds shall be paid to Lender.
<br />Compliance with Regulations of Association. Grantor shall perform all w the obligations imposed on Grantor er the declaration 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 all of the obligations
<br />imposed on Grantor by the lease of the Real Property from its owner.
<br />2s. MtSCEi1ANEOUS PROVISIONS. The following rnissellaneous provision are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with 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 />Applicable Law. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of Nebraska.
<br />Caption Headings. Caption headings in this Deed 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 />Merger. 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 />time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Multiple Parties. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and
<br />every Grantor. This means that each of the person signing below is responsible for all obligations in this Deed of Trust.
<br />Severabllity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br />circumstance, such finding shall not render that provision invalid or unenforceable as to any other person or circumstances. 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, it shall be stricken and all other provision of this Deed of Trust in all other respects shall remain valid and enforceable.
<br />Acknowledgment. Prior to the execution hereof 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 substantially different rights and
<br />obligation to Grantor than a mortgage in the event of default or breach of obligation.
<br />Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be
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