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99- 1�j�3999 � �
<br /> DEED OF TRUST Page 6
<br /> (Continued)
<br /> titfe reports (including foreclosure reoorts), surveyors' reportS'apprai521 fees, title insurance, and fees for the Trustee, to the extent permitted by
<br /> epplicable law. Grantor also will pay any couR costs,in addition to ait other sum5 provided by law.
<br /> RigAts of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br /> 21. GFtANTOR'S RIGHT TO REINSTATE. If Grantor meets carta�n conditions, Grantor shall have the nght to hsve enforcement of this Deed of Trust
<br /> discontinued at any time prior to the eanier of (i)five(5)days (or such other penod as applicabie law may specify for reinstatement)before sate of the
<br /> Property pursuant to any power of sale Contained in this Deed of Trust or (ii)entry of e judgment enforCing this Deed of Trust. Those conditions are
<br /> that Grantor: (a)pays Lender all sums wn�ch would then be due under this Deed of Trust and the Credit Agreement had no acceleration occuRed; (b)
<br /> cures all other detaults under this Deed of Trust and the Credit Agreemenh (c)pays ell reasonable expenses inCUrred in enfOrcing this Deed of Trust,
<br /> inciuding,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, Lender's rights in the Property and Grantor's obligation to pay the sums secured by this Oeed of Trust shaft continue unchanged. Upon
<br /> reirtstatement by Grantor,this Deed of Trust and the obligations sacured 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 OBIIGASIONS OF TRUSTEE. The following provisions relating to the powers and obligatiorts of Trustee are part o�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 of Lender and Grantor: (a)�an in prepanng and fiiing a map or plat of the Real Property,including the
<br /> dedication of streets or other nghts 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 inter85t of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicabte Iaw. 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 nght to toreclose by notice and sale, and Lender shall have the nght to
<br /> forecfose by judicial foreclosure,in e�ther case in accordance with and to the full extent provided by applicable law.
<br /> Succtsso�Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an
<br /> irtstrument executed and acknowle0ged 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 of the onginal �ender, Trustee, and Grantor, the book and page(or computer system reference)
<br /> where this Deed of Trust is reccrded, and the name and address of the successor trustee, and the instrument shall be executed and
<br /> acicnowledged by all the beneficianes under the Deed of Trust or their suCCessors in interest. The successor trustee,without ConveyanCe of the
<br /> PropeRy,shall succeed to all the titte, 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 excfusion of all other provisions for substitution.
<br /> 23. NOTICES TO GRANTOR AND OTHEA 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 of Trust. Any party may change its address for noticas under this Deed of Trust by giving formal
<br /> written not�Ce to the other parties, specifying that the purpose of the notice is to change the parfy's address. ?�II copies of notiC85 of foreClosure hom
<br /> the holder of any lien which has priority over this Deed o(Trust shall 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. ASSOCIAT{ON OF UNIT OWNERS. The tollowing provisions apply if the Real Property has been submitted to unit ownership !aw or similar law
<br /> for the establishment of condominiums or cooperative ownership of the Real Property:
<br /> Pvwer 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 /> 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 wlt� Regulations ot Associetton. Grantor shall perform all of the obligations imposed on Grantor by the declaration submitting the
<br /> Real Property to unit cwnership, by the byiaw5 of the association of unit owners, or by any rutes or regulations thereunder. It Gr8ntors interest in
<br /> the Real Property is a Ieasehold 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 /> 25. MISCEll.ANEOUS PROVISIONS. The foltowing miscellaneous provisions are a part of this Deed oi 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 /> Appllcable Law. This Deed of Trust 5hall be governed by and construed in accordanCe with the laws of the State of Nebraska.
<br /> Caption Headfngs. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the
<br /> provrsions of this Deed of Trust.
<br /> Grantor's Copy ot Documents. Lender agrces to provide Grantor wit� a conformed copy of both the LOANLINEA� Home Equity Ptan Credit
<br /> Agreement and this Deed of Trust at the time they are exeCUted or within a reasonable time atter this Deed of Trust is reCOrded.
<br /> Merqer. There shall be no merger of the interes2 or estate created by thls Deed of Trust with any other interest or estate in the Property at any
<br /> time neld by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Multlple PaRles. All obligations of Grantor under this Deed of Trust shall be joint and Several,and all refere�to Grantor shall me8n 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 of Trust to be invalid or unenforceable as fo any person or
<br /> cir�umstanca,suCh finding shall not render that provision invalid or unenforCeable as to any other persorts or Circumstarkes. If feflsible,eny 5uch
<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 provisions of this Deed of Trust in all other respects shall remain valid and enforceable.
<br /> Adcnowledqment. 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 prov�ded for in this Deed of Trust provides substantially different rights and
<br /> obligations to Grentor than a mortgage in the event of default or breach of oblfgation.
<br /> SUGCe�,o�3 and Assians. S��r,��-� tn iho limitatinnc ctatarl in ihie !�oo� nf Tnrct nn ir�ncfor nf (:rontnr'c inforxt thia l�cw�t nf Tntst shall bE
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