g9'1���91 DEED OF TRUST Pa e 6
<br /> (Continued) 9
<br /> title reports (including foreclosure reports), surveyors' report��appraisal fees, title insurance, and tees for the Trustee, to the extent permitted by
<br /> applicable law. Grantor also will pay any cou�t costs,in addition to all other sums provided by law.
<br /> Rlyhts of Trustee. Trustee shall have all of the rights and duties ot 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 eniorcement of this Deed of Trust
<br /> disconbnued at any time prior to the eartier of (i)five(5)days(or such other period as applicable Iaw may specify for reinstatement)before sale of the
<br /> Property pursuant to any power of sale contained in this Deed of Trust or (ii)entry of a jud,qment enforcing this Deed of Trust. Those condifions are
<br /> tAat GraMor: (a)pays Lender all sums which would then be due under this Deed of Trust and the Credit Agreement had no acceleration occuRed; (b)
<br /> cures elt other defaults under this Deed of Trust and the Credit Agreemenh (c)pays all reasonable e�cpenses 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 Oeed
<br /> of Trust. Lender'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 eHective 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 riqht to reinstate
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<br /> under this seme Deed of Trust.
<br /> 22. POWERS ANO OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and ob�igatiorts of Trustee are part of this Deed of
<br /> Trust.
<br /> Powers of Trustee. In addition to alt powers of Trustee arising as a matter of law,Trustee shall have the power to take the foflowing actions with
<br /> respect to the Property upon the request of Lender and Grantor: (a)jan 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 otner agreem�ntattecting this Deed of Trust or the interest o}Lender unCer this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the right5 and remedies set foRh above,
<br /> with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the nght to
<br /> foreclose by judicial foreclosure,in eiiher case in accordance with and to the full extent provided by applicable law.
<br /> SucCessor Trustes. 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 applicab�e law. 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 /> acicnowtedged by all the beneficia►ies under the Deed of Trust or their successors in interest. The successor trustee,without conveyance of the
<br /> Prope�ty,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. N0710ES 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 eddress for notices under this Deed of Trust by giving fwmal
<br /> written notice to the other parfies, specifying that the purpose of the notice is to change the parly's address. All copies of notic�s of foreclosure trom
<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 Trust.
<br /> For notice purposes,Grantor agrees to keep Lender and Trustee informed at all times of Grantor's cuRent address.
<br /> 24. ASSOCIATIOH OF UNIT OWNEAS. 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 /> 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 /> associallon of unit owners. Lender shall have the right to exercise this power of attorney only after default by Grantor; however, Lender m8y
<br /> dedine to exerCise this power as it sees fit.
<br /> InauranCe. The insurance as required above may be carried by the association of unit owners on Grantor's behalf, and the proceeds ot such
<br /> insurance may be paid to the association of unit owners for the purpose of repairing or reconstructing the Properly. If not so used by the
<br /> association,such proceeds shall be paid to Lender.
<br /> Compllance wlth Regulatlons of Associatfon. Grantor shall perform all of the obligations imposed on Grantor by the declaraHon submitting the
<br /> Real Property to unit ownership,by the bylaws ot the association of unit owners,or by any rules or regulafions thereunder. If GrBntors 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 obligatio�
<br /> imposed on Grantor by the lease of the Real Property from its owner.
<br /> 25. MISCf11.ANE0US PROVISIONS. The toltowing miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Oeed of Trust,together with any Related Dxuments,constitutes the entire understanding and agreement of the parties as to
<br /> the matters set foRh in this Deed of Trust. No alteration of or amendment to this�eed of Trust shall be effective unless given in wnting 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 end construed in accordance with the laws of the State ot Nebraska.
<br /> Captfon Heedinys. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpref or define the
<br /> provisions of this Deed of Trust.
<br /> Grontor's Copy of Documents. Lender agrees fo provide Grantor with a conformed copy of bath the LOANLINER� Home Equity Plan Credit
<br /> Agreement and this Deed of Trust at the time they are executed or within a reasonabte time after this Deed of Trust is recorded.
<br /> Meryer. 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 oi 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 persons signing below is responsible for all obtigations in this Deed o}Trust.
<br /> Severabillty. If a court of competent jurisdiction finds any provision of this peed of Trust to be invalid or unenforceable as to any person or
<br /> circumsffince,such finding shall not render that provision invalid or unenforceable as to any other persons or CirCUmstanCes. If feasible,any such
<br /> oHending provision shall be deemed to be modified to be within the limits of enforceability or validity;however,if the offending provision Cannot be
<br /> w modified,it shall be shicken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable.
<br /> Adcnowledyme�t. 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 Trusf provides substantially different rights and
<br /> obligations to Grantor than a mortgage in the event of defautt or breach of obligation.
<br /> Successors end Assigns. Subject to the limitatlons stated In tnis Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be
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