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' � :; . � '� �9.' r,� O 6 318DEED OF TRUST Page 6
<br /> (Continued)
<br /> iitfe reports (including foreclosure reports), surveyors' reportS'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 /> Rlyhts of Trustee. Trustee shall have all of the rights and duties of Lender as set(orth in this section.
<br /> 21. GRANTOR'S RIGFfT TO REINSTATE. If Grantor meets certain conditions, Grantor shall have the right to have eniorcement of this Deed of Trust
<br /> discontinued at any time prior to the eartier of (i)five(5)days(or such other period as applicable law may specify for reinstatement)before sale of the
<br /> Property pursuant to any power of sale contained in this Deed ot Trust or (ii)entry ot a judgment enforcing this Deed of Trust. Those conditions are
<br /> that Grantor: (a)pays Lender atl sums which y�ould then be due under this Deed of Trust and the Credit Agreement had no acceleration oocurred; (b)
<br /> cures eU other defaults under this Deed of Trust and the Credit Agreemenh (c)pays all reasonable expenses incuRed in enforcing this Deed of Trust,
<br /> incfuding,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 Deed of Trust shall continue unchanged. Upon
<br /> reinstatement by Grantor,this Deed of Trust and the obligations secured 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 Mis seme 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 /> Trust.
<br /> Powers oi Trustee. In addition to alt powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actio�u with
<br /> respect to the Property upon the request of Lender and Grantor: (a)join 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 other agreement affecting this�eed of Trust or the interest of Lender under this Deed of Trust. � •
<br /> Trustee. Trustee shall meet alI qualifications required for Trustee under applicable law. In addition to the nghts and remedies set forth 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 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 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 applicable 18w. 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 /> adcnowledged by all the beneficiaries under the Deed of Trust or their successors in interest. The successor hustee,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 appliCSble law. ThiS procedure
<br /> for substitution of trustee shalt 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 eHective 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 notices under this Deed of Trust by giving formal
<br /> written 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 trom
<br /> the hdder of any lien which has priority over this Deed oi 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. 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 /> Power ot Attomey. Grantor grants an irrevocable power of attorney to Lender to vote in its discretion on any matter that may come before the
<br /> essociafion of unit owners. Lender shall have the right to exercise this power of attorney only after default by Grantor; however, Lender mey
<br /> dedine to euercise this power as it sees fit.
<br /> InsuranCe. The insurance as required above may be carried by the association of unit owners on Grantor's behalf, and the prxeeds of suCh
<br /> i�uurance 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 /> essociation,such proceeds shall be paid to Lender.
<br /> Compllance wlth Regutatlons of Association. Grantor shall perform all of the obligations imposed on Grantor by the declaration submitting the
<br /> Real Property to unit ownership,by the bylaws of the association of unit owners, or by any rules or regulations thereunder. If Grantors 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 obligafions
<br /> imposed on G�antor by the lease of the Real Property 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 as to
<br /> the matters set forth in this Deed of Trust. No alteration of or amendment to this�eed of Trust shall be effective unless given in writlng 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 NebrBSka.
<br /> Captten Fieadln9s. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the
<br /> provisions of this Deed of Trust.
<br /> Grantor's Copy of Documents. Lender agrees to provide Grantor with a conformed copy of both the LOANIINEA� 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 /> Meryer. There shall be no merger of the interest or estate created by this Oeed of Trust with any other interest or estate in the Properfy at any
<br /> time held by or for the benefit of Lender in any capecity,without the written consent of Lender.
<br /> Mufriple Partles. All obligations of Grantor under this Deed of Trust shall be joint and several,and all refere�to Grantor shall mean each and
<br /> every Grantor. This means that each of the persons signing below is responsible tor all obligations in this Deed of Trust.
<br /> SereroDilfty. If a court of competent jurisdiction finds any provision of this �eed ot Trust to be invalid or unenforceable as to any person or
<br /> ci�umstance,such finding shall not render that provision invalid or unenforceable 8s to any other persorts or cirCUmsta�. If feasible,any SuCh
<br /> offending provision shall be deemed to be modified to be within the limits of entorceability or validity;however,if the offending provision Cannot be
<br /> so modified,H s�all be stricken and all other provisio�of this Deed of Trust in all other respects shall remain valid and enforceable.
<br /> Adcnowledyment. 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 moRgage end (b)the power of sale provided for in this Deed of Trust provides substantially dif}erent rights and
<br /> obligations to Grantor than a mortgage in the event of defautt or breach of obligation.
<br /> SucCessors and Asslgns. Subject to the limitatlons stated In this Deed of Trusi on transfer of Grantor'S interest, this Deed of Trust shafl be
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