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?�'' '' '� �^ DEED OF TRUST Page 6
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<br /> 9 9� '�����2 (Continued)
<br /> title 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 sums provided by law.
<br /> Riyftts 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 ceRain conditions, Grantor shall have the right to have enforcement of this Deed of Trust
<br /> discontinued at any time prior to the earlier of (i)five(5)days(or such other penod as applicable law may specify for reinstatement)before sale of the
<br /> PropeAy pursuant to any power of sale contained in this Deed of Trust or (ii)entry of a judgment enforcing this Deed oi Trust. Those conditions are
<br /> that Grantor: (e)pays Lender all sums which would then be due under this Deed of Trust and the Credit Agreement hed no acceleratlon occurred; (b)
<br /> cures alf 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 thet the fien of this Deed
<br /> of Trust, Lender's rights in the Properry and Grantor's obligation to pay the sums secured by this Deed of Trust shall confinue unchanged. Upon
<br /> reinst8tement by Grantor,this Deed of Trust and the obligations secured hereby shall remain fully eflective as if no acceleration had ocCUred but Lender
<br /> shall not be obligated to make any more credit advences. This right to reinstate shall apply if Grantor has nof previously exercised the right to reinstate
<br /> under this 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 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)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 creaNng any restriction on the Real Property;and (c)join in
<br /> any subordination or other agreement affecting this Dced 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 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,8nd 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 applic8ble law. The instrument shall contain, in addition to all
<br /> other matters required by state law, the names oi 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 /> acknowledged by all the beneficiaries under the Deed 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 8pplicable law. This procedure
<br /> for substitution of trustee shatl 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 neer the beginning of this Deed oi Trust. Any party may change its address for notic�s under this Deed of Trusf by giving formal
<br /> written notice to the other parties, specifying that the purpose of the notice is to change the party's address. AI�copies of notioes of foreclosure from
<br /> the hdder oi 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 OWNERS. The following provisions apply if the Reat 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 Attomey. Grantor grants an irrevocable power of attorney to Lender to vote in its discretion on any matter that rn8y come before the
<br /> association of unit owners. Lender shell 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 /> InsuranCe. The insurance as required above may be caRied 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 /> assoaation,such proceeds shall be paid to Lender.
<br /> Compllance wlth Regulations 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 propeRy has been submiried 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. MISCElLANEOUS PROVISIONS. The following miscellaneous provisions are a paR of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and egreement of the parties as to
<br /> the metters 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 /> ApplfGable Lew. This Deed of Trust shall be governed by and construed in accordance with the laws oi the State of Nebraska.
<br /> Caption hkadfnps. 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 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 /> Meryer. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estete in the Property at any
<br /> fime held by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Multipk Parties. All obligations of Grantor under this Deed of Trust shell be joint and several,and aIt referenoes to Grantor shall mean each and
<br /> every Grantor. This means that each of the persons signing below is responsible for ell 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 unentorCeable as to eny person or
<br /> circumstance,such finding shall not render that provi5ion invalid or unenforceable as to any other persons or arcumstar�Ces. If feasible,any suCh
<br /> offending provision shall be deemed to be modified to be within the limits ot enforceability or validity however,if the offending provision cannot be
<br /> so modified,it shall be stricken and alI other provisioris of this Deed of Trust in all other respects shall remain valid and enforceable.
<br /> Acknowkdpment. Prior to the execution hereof Grantor executed an acknowledgment steting 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 Trust provides substantially diflerent rights and
<br /> obliga6ons to Grantor than a mortgage in the event of defautl or breaCh of obligation.
<br /> Successors and Assigns. 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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