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90105162
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Last modified
10/20/2011 4:18:46 PM
Creation date
10/20/2005 9:37:51 PM
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DEEDS
Inst Number
90105162
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0010' <br />(Conun"M <br />reports. liftifflurainm to (MIcir theudsm 10 the liaiaid pw~by: <br />ispplicablsftw. Grantor also will pay any coo caft in addition So aBdhw sums provided by im <br />Floft of Tnolm,Trustee shelf have at of the rights and duties of Leader as set forth In this woke. <br />al. GRAKIMIRS 1111111011T TO REINSTATE it Grantor me ft certain conditions. Grantor Shall have the right to have willroament of this Dud 99 Trust <br />dleconlinued MR any Wft prior Soft nattier of M five M days (Or such other l, in I sat dthe <br />F%*** Onme ft any power of sate contained in this Ond of Tkilid or (ii)jar*y of a Judgment enlardrig this Dead of That. TM*m - %Ii , - as <br />that GnsnW..(*)lustre Lw4wal sum which would then be clue under this Dead ol That and the Credit AW@~ had nowcallemillan occurred; (b) <br />cuss Gym dskuft under this Dud ofThatIand the Credit Agreemork (c) pan sill reasonable apnea incurred let Nockg-thlie Deed olTruo. <br />kl*mft but not derail to. reasonable an~ fass; and (d) takes such action as Lender may reasonably require to akurs that the No of this Deed <br />of TrusL Landiea rights in the Property and Grantors obligation to pay to sums secured by this Deed of That shall cont. us unchanged. Upon <br />I --- - -by Greater. this Dad of That and the obligations secured hereby shelf remain fully oftclive as if no accaleralion had occured but Lander <br />00 not be obligialiell lb trellis any more credit advances. This right to relivals shall apply R Grantor has not pieviciusily wArcised ft right to nwistale <br />under arts cants Geed otTrusL <br />2 1 L pOWERS AND MJGATMS OF TRUSTEE. The (Mlivarig, provisions relabM to the powsm and obligiabom of Trustee we pert of this Deed of <br />Trial <br />of T"M &rising as a manor or law. I <br />Iliew"dTfue"s, in admen 10 affodw va mwtftwwm wo ra low&* atom with <br />respect ft the Property upon the request of Lender And Gran1w. (a) Ida in preparing and filing a mop or plat of the Had Properly, including the <br />11 For I'm, of steels or other rights to the public; (b) Join in Wanting any saserwit or creating any restriction on the PAW Property; and (c)iNnin <br />any subordination or other sgrearnaffl affecting this Dead of Trust or the Interest of Lander under this Dud of Trust. <br />Tms%L Trustee shall most art qualifications required,for Trustee under applicable law. In addition to no rights and remedies Sol forth above, <br />with respect to all or any pan of the Property, the Trustee shall have the right to foreclose by notice and'sale, and Lander shall have the right to <br />I- P*- byJudicilltior�urs, in either coo in accbrdlimmwith and to the ftfi extent provided by applicable law. I - I . <br />Successor Trustee. Lander. at Lenders option, may from time to time appoint & successor Trustee to arty Thmiss appointed hereunder by an <br />Instrument executed and #A*no%WW by Lander and recorded as requffed by applicable law. The instrument SUN contain. in addition to all <br />~ Mom required by state law, the names of the original Lender. Trustee, and Grantor. the, book and page (or computer system ralsirence) <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 />licki 0 ledged by all the beneficiaries under the Deed of Trust or their sucoesm in inWasL The successor &tabs. without conveyance of the <br />Property. shelf succeed to all the Mil, pow, and duties owileffed upon the Thaft in this Dead of Trust and by applicable kw. This procedure <br />for substitution of trustee stall govern to the exclusion of a2 other provisions for substitution. 1 <br />23. NOTICES TO GRANTOR AND OTHER PARTIES. Any notion under this Deed of Trust shall be in writing and shall be eff*C#W when actually <br />claillywed or, if mailed. SW be doomed effective when deposited in the United States mail first class, registered mail. postage prepaid. directed to the <br />addresses shower near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trial by giving formal <br />written nolics to the dW parties. specifying that the purpose of the notice is to change the partyls address. AN copies of notices of foreclosure from <br />the ltGldet of any ban which has priority over this Deed of Trust shall be sent to Lenders address, as shown near the beginning of this Deed of Trust. <br />For no" purposes, Grantor &Wm to keep Lander and Trustee Informed at an times of Grantors current address. <br />24. ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit ownership law or similar law <br />for the establishment of condominiums or cooperative ownership of the Real Property. <br />Pwo of AtRwM. Grantor grants an irrevocable power of attorney to Lender to vote in its discretion an any matter that may come before the <br />association of urd owners. Lander shall have the right to exercise this power of attorney only after default by Grantor, however. Lender may <br />Oscine to sarciss this power as 4 Sees fit. <br />mce. The Insurance as required above may be carried by the association of unit owners on Grantor's behaff, 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. It not so used by the <br />association, such proceeds shall be paid to Lender. <br />COrflpMefia MAth RsgtAaltotrs Of Aeaocleflon. Grantor stroll worm all of the obligations imposed on Grantor by the declaration submitting the <br />PAW Prop" to unit ownership, by the bylaws of the association of unit owners, or by any rules or regutations, thereunder. if Grantors interest in <br />the Real Property Is a Wasehold Interest and Stich property has been submitted to unit ownership, Grantor shall Worm all of the obligations <br />Ifrpoeid on Grantor by the WM of the Real Property from its owner. <br />25. MISIDELIANEOLIS PROVISIONS. The following miscellaneous provisions are a pad of this Deed of Trust. <br />M—ilsnt& This 000 of Trust, togettier with any Rooted Documents• constitutes the entire understanding and agreement of the parties as to <br />the Tillers SO forth In this Deed of Trust. No alteration of or amendment to this Deed of Trial shelf 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 />AX001110111, Law. This Deed of Trust shall be governed by and construed in accordance with the laws of the Stilts of Nebraska, <br />COP&M Homblg& Caption headings in this Dead of Trust are for convenience purposes only and we not to be used to inlorpret or define the <br />provisions of Me Dead of Trust. <br />GraMM's Copy of Documents. Lender agrees to provide Grantor with a conformed copy of both the LOANLINERID Ham Equity Plan Credit <br />Agreement and this Deed of Trust at the time they are executed or within a reasonable time after this Dead of Trust is recorded. <br />Merger. There shelf 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 hold by or for the benefit of Lender in any capacity. without the written consent of Lender. <br />11MA1110111PMUM AN obligations of Grantor under this Deed of Trust stall be joint and several, and all references to Grantor shale mean each and <br />every Grantor. This means that each of the persons signing below Is responsible for all obilphons In this Dad of Trust. <br />-- NO -- -1. it a court of compebrit Jurisdiction finds any provision Of this Dead of Trust to be InVL4d OF UfWftCNbli as to any person of <br />circumstance. such finding shall not render thal,provision invalid or unenforceable as to any other persons or circumstences. If feasible. any such <br />offending provision shah be deemed to be Modified to be within the It" of enforceability or validity. however, if the ~ng provisioncannall be <br />50 modified. It Shall be Stricken and all other provisions of this Lied of Trust in all other respects shall remain vkhd and enforceable. <br />AcInowledgi wl. Pricito the execution hersolGrantor'sm* uled an acknowledgment stating that Grantor understands that (a) this Deed ot <br />Trust is a trust dead and not a mortgage and (b) the power of Sato provided for In this Deed of Trust provides Substantially different rights and <br />Ablioallic a to Grantor than a mortgage in the evert of default or breach of obligation. <br />Successors 00 ASSIUMM. Subject to the limitations stated in this Dead of Trust on transfer of Grantar'.s interest, this Deed of Trust shall be <br />
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