|
(7 tU Ur� t rives i Page c
<br />200010973 (Continued) _
<br />title reports (including foreclosure reports), surVPyors' reports, appralsat fees, title insurance, and fees for the Trustee, t0 the extent permitted by
<br />applicable law. Grantor also wig pay any court costs. in addition to all other surtts provided by law.
<br />Rights of Trustee. Trustee shat have all Of the rights and duties of Lender as Set forth in this section,
<br />21. GRANTOR'S RIGHT TO REINSTATE. It Grantor meets certain conditions, Grantor Shalt have the right 10 have enforcement of)this D d Ofo Trust
<br />the
<br />d � onhnued at any time prior to the earner of (i) live (5) Cays (or Such other period as eppii^ able law may ,Peary
<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 Grantor: (a) pays Lender all sums which would then be due uncler this Decd of Tr, st and the Credit Agreement had no ncrcing I on oitbd 01 : (b)
<br />Dares all ct ux detauts under th s Deed Of Trust and the Credit Agreement; (c) pays all reasonable exp©nsers :hearted m enforcing this Deed W rust,
<br />inCludinQ, but rib! limited l0, reasonable attorneys t!K.S; and (d) lakes such action as Lender may rerls0nably regWre,iO assure that the lien: of !his Deed
<br />o` Trust Lender's rights in the Property and Grantor's obligation to pay the sums secured by this Deed d1 Trust shah CghlinJe unchanged. Upon
<br />reinstatement by Grantor, this deed of Trust and the obligations secured hereby shell remain fully effective as H no aouSly eXef had he ri ht but Lender
<br />shalt not be obligated to make any more credit advances. This right to reinstate shall apply ii Grantor has not ; reviously exercised the right to reinstate
<br />under this sauna Deed of Trust.
<br />22 POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
<br />7rus«
<br />powers of Trust -e. In addition to all powers of *Trustee arisng as a matter of law, Trustee shat! have the power to take the following actions with
<br />respect to the Property upon the request of Lender and Grantor: (a) join in prepanng and filing a map or plat of the Real Property. including the
<br />dedication. of streets 07 other rights !p 1 ^.e public; (b) join in granting any easpmery or creating any restriction on the Real property and (c) torn in
<br />any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trust>•e. Trustee $ tail meet aft quatihNatrons required for Trustee under applicable Law. In addition to the rights and remeo+es set fork above,
<br />wr ^ resp t to all Or any pan 01 the ?rbperty, the. Trustee snail have the right to fcxK!ose by notice and safy, and Lender snail he the grit to
<br />lorectose oy )vales, forecio:urc, in a :Inert case in accordance with and to the full o ,,ce.n, prortled by applicable! law.
<br />Successor Trustee. Lender, at Lenders option, may from tame 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, m addition to all
<br />other ma.: ::s required by state law• the names of the onginal Lender. Trustee, and Grantor, the book and page (or Computer system reference)
<br />where tr Deed of Trust is recorded. and thg name and address of the successor trustee, and the tnruste enwitho Shall
<br />t conveyance 01 lrte
<br />a'ciknowledged by all the beneficianes under the Deed of Trust or their successors in interest. TNe successor trustee.
<br />Prope y, $Hall Su -^.eed to a•I the title, power, and duties conlerred upon the Trustee in this Deed of Trust and by applicable law. Thrs procedure
<br />for subsl1tul1On Of trustee shall Govern to ine eX.Clusion of all other provisions for substitution.
<br />23. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under ints Deed of Trust snail be in writing and shall be 04edtive when actually
<br />delivered O , If maned, steall be deer led effective when deposited to the United States mail first class, roistered mail, postage prepaid, directed to the
<br />etltlresse, shown near the beginning of th :5 Deed of Trust. Any party may change Its address tcir notice: under this Deed of Trust by giving IOrmai
<br />written ndticrl to tna olher pa figs, specifying that the purpose of the notice s to change the party's address. All Copies o! notices D} foreCiosure team
<br />Ere h0idcu Ot am l rin which has pno ty over ini5 Dead o! Trust shall be Sent to Lenders address, as shown near the bnlnntng 01 this Decd of Trus'.
<br />For nottaa Grantor agrvus 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 meat Property has been submitted to unit Ownership Law or simian law
<br />for the estaolishment of condominiums or cooperative ownership of the Real Property:
<br />Pt rwer Of Attorney. Grantor grants an irrevo0aole power of ahOrney' ID Lender to Vote in I!S Ciscrelibn on any matter that may Come before Inc
<br />associEtton of unit owners. Lender shall have the ngrit to exercise this power of adorney only after eetaull by Grantor; however, Lender may
<br />dactirye to exerc'se this power as If sees ft.
<br />insurznrrCr_. The insurance as required above may be earned by the association Of unit owners on Grantors bohal!, and the proceeds Of s:h:h
<br />irrs:urance may be paid 10 the aSs0r1g1.0n 0! unit owners for the purpose o! repairing or reoonsirucnng the Property. It not so used by 1he
<br />ass0cia ;ton, such proceeds sr.a ;; be paid to Lender.
<br />Compliance with Regulations of Associdtlon. Grantor shall perform all of the obligations imposed on Grantor by the declaration submitting the
<br />Rte! Frnpo ty t0 unit nwne ,n p. by the Oylav+s Or the association et unit Owners, cr Dy any rules or regula"Ons thereunder. If Grantor's interest in
<br />wa Rawl Properly is a to senOd interest and such propey has been submined to unit ownership. Grantor shall perform an of the obligations
<br />tmpu ed on Grantor by ine le2se of the Real Property from its own9r.
<br />75. mtSOELLANEOUS PROVISIONS. 'ine iai:owinq mtscel :aneous provisions are a part Of this Dead el Trust:
<br />Amendments. This Deed of Trust. toge!ner with any Related Document-., constilule$ the entire understanding and agreement of the parties 45 10
<br />the matters rd:,d tUrtr, in this Deec Gi Trust. No a:teraiion of or amendment to this Dyed of Trust shat: be effective unless given in writt7g and signeC
<br />My ine party or panics soughl 10 be cnarged or bound by the alteration or amendment.
<br />Applicable Law. Th;S Deed of TruSt Shall be governed by and construed in accordance with the laws of the State of Nebraska.
<br />Caption hendings. Caption h •ad rigs in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define trio
<br />provr .Or.S of tuts Dved of Trust -
<br />Grantor's Copy of Documents. Lender agrees to provide Grantor with a conformed copy of both the LOANLINERS Home Equlty Plan C[00 1!
<br />Adrrxrment and this Deed of Trust at Ina 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 al any
<br />tirne heiC oy or for the bene "t 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 an reterencrs to Grantor snail mean each and
<br />every Grantor. This moans t`utt each of ',he persons siQnirva below Is responsible for 811 obligations In this Deed of Trust.
<br />Severabflity. if a court of competent jurisdiction "cis any provision of this Deed of Trust to be invalid or unenforceable as to any perSO1 Of
<br />cird.umstar'•Ce, such finding shall not render that provision invalid Or unenforceable a.s to any other persons of Gfcumstances. If taaasible, any SuCh
<br />offending provision shall be de,"Med 10 be mod :trod to be within the limits of enforceability or validity; however, it the offending provision cannot be
<br />so rnodlrieC, it shall be sincktln and ill other provisions of this Deed of Trust in all other respocts Shan remain valid and enforceable,
<br />AOimowledgment. Prior to trw exer:ution rwraol Grantor executed an a&t1owledgMont stating trial Granlor understands that (a) this Deed of
<br />7rusl rs a trLrt derid and not a rnorigage and (b) the power of sale provided for in this Deed of Trust provica: substantially differenl Nrils and
<br />obiyjatiori to Grantor man a mortgage in trio event Of delaull or breach of obligation,
<br />Sur0e59!ar,•, and Ati°tlgns. ; InU Irr.ylabbhs stilled in ih'S D(.*d of Trust on Irontlor of Grtn'iot'° roe•re`,I. this Dee! of Trust !J,.111 ht•
<br />
|