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<br /> ; 9�,-1+�3998
<br /> „-,. DEED OF TRUST Page 6
<br /> � (Continued)
<br /> tide reports (including foreclosure reports), surveyors' report4'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 sum5 provided by law.
<br /> Rlphts 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 nght to have enforcement of this Deed of Trust
<br /> discondnued at any time prior to the earlier of (i)five(5)days(or such other penod as appliCable Iaw may speCify for reinststement)before sale of the
<br /> Property pursuant to any power of sale contained in this Deed oi Trust or (ii)entry of a judg,�nent enforcing this Deed of Trust. Those conditions 8re
<br /> thet Grantor. (a)pays Lender all sums which would then be due under this Deed of Trust and the Credit Agreement had no ecceleration occuRed; (b)
<br /> cures ed 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 reasonably require to assure that the lien of this Deed
<br /> of Trust, �ender'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 effecHve as if no ecceleration 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 ri�ht to reinstate
<br /> under this same Deed of Trust.
<br /> 22. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powets and oblig8tion5 of Trustee are part of this Deed of
<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 oi Lender and Grantor: (a)jan in prepanng 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 grantlng any easement or creating any restriction on the Real Properiy;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 /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set}ath above,
<br /> with respect to all or any paR of the Property, the Trustee shall have the right to foreClose 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 /> SucCessor Trustee. Lender, at Lender's option, may hom 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 /> oMer matters required by state Iaw, 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 trustee, and the instrument shall be executed and
<br /> adcnowledged by all the beneficianes under the Oeed 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 appliCBble 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
<br /> delivered or,if mailed,shall be deemed effective when deposited in the United States mail first class, registered mail,postage prepaid,directed to the
<br /> addresses shown near the beginning of this Deed oi Trust. Any paRy may change its address for notices under this Deed of Trust by giving formal
<br /> wriften notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from
<br /> the hdder of any lien which has priority over this Deed of Trust shalt be sent to Lender's address,as shown near the beginning of this Deed of Trust.
<br /> For notice purposes,Grantor agrees to keep Lender and Trustee informed at all times of Grantor's current address.
<br /> 24. ASSOCIATION OF UN�T OWNERS. The following provisions apply if the Real Property has been submitted to unit ownership law or similar law
<br /> br 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 /> associallon of unit owners. Lender shell have the right to exercise this power of ettorney only after default by Grantor; however, Lender may
<br /> dedine to exerCise this power as it sees fit.
<br /> InsuronCe. 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 proceeds shall be paid to Lender.
<br /> Compllance with Reyulations of Assocfatlon. Grantor shall perform all of the obligations imposed on Grantor by the declaration submitting the
<br /> Reel Property to unit ownership,by the bylaws oI 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 Grentor by tha lease of the Resi Propeity from its owner.
<br /> 25. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions 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 es 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 governed by and construed in accordance with the laws of the State of Nebraska.
<br /> Captfon hkadinys. Cap6on headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the
<br /> provisions ot 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 /> Merye�, 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 /> I time held by or for the benefit of Lender in any capacity,without the wntten consent of Lender.
<br /> Mulriple Partles. All obligations of Grantor under this Deed of Trust shall be joint and several,and all refererx�s to Grantor shall mean each and
<br /> every Grantor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust.
<br /> Severabillty. If a court of competent jurisdiction finds any provision of this Deed oi Trust to be invalid or unenforceable as to any person or
<br /> ciroumstance,such finding shall not render that provision invalid or unenforceable es to any other persons or arcumstenCes. If feesible,any suCh
<br /> oHending provision shall be deemed to be modified to be within the limits of enforceabilily or validity;however,if the offending provision cannot be
<br /> so modified,R shall be shicken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable.
<br /> Acknowledpment. 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 moAgage and (b)the power of sale provided for in this Deed of Trust provides substantially different rights and
<br /> obligations to Grantor than a mortgage in the event of defautt or breach of obligation.
<br /> Successors and Asstgns. 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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