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�,��9>��-0 9,Q;'�s DEED OF TRUST Page 6 <br /> (Continued) <br /> title reports (including foreclosure reports), sunreyors' 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 /> Rlphts of Trustee. Trusfee 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 right to h8ve enforCement of this Deed ot Trust <br /> discontinued at any time prior to the earlier 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 of Trust or (ii)entry of a judgment enforcing this Deed of Trust. Those condirions are <br /> that Grantor: (a)pays Lender all sums which would then be due under this Deed o(Trust and the Credit Agreement hed no acxeleration occuRed; (b) <br /> cures all other defaults under this Deed of Trust and the Credit Agreement; (c)pays all reasonable expenses incurred in enforcing this Deed of Trust, <br /> induding,but not limited to,reasonable ariorneys'fees;and (d)takes such action as Lender may reasonably require to assure that the lien of this Deed <br /> of Trust, Lender's nghts in the Property and Grantor's obligation to pay the sums secured by this Deed of Trust shall confinue unchanged. Upon <br /> reinstatement by Grantor,this Deed of Trust and the obligations secured hereby shall remain fully effective fls ii 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 previousty exerCised the right to reinstate <br /> under this same Deed of Trust. <br /> 22. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions retating to the powers and obligations of Trustee are part of this Dced 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 acfions 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 cre8ting any restriction on the Real Property;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 end 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 shalt 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 /> SucCtssor Trustee. Lender, at Lender's option, may trom 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 /> 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 /> acknowledged by all the beneficiaries under the Deed of Trust or their successors in interest. The successor hust9e,withoW Conveyance of the <br /> PropeRy,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 subsHtution 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 shal� be in writing and shall be effective when actually <br /> delivered or,if mailed,shall be deemed eNective when deposited in the United States mail first class,registered mail,postage prepflid,directed to the <br /> addresses shown near the beginning of this Deed of Trust. Any party may change its address for notic�s 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 paRy's address. All copies of notir,es of foreclosure from <br /> the holder of any Iien 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 notioe purposes,Grantor agrees to keep Lender and Trustee informed at all times oi Grantor's current address. <br /> 24. ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Reat Property has been submitted to unit ownership 18w 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 may come before the <br /> association of unit owners. Lender shall have the right to exercise this power of attorney only etter default by Grantor; however, Lender may <br /> dedine to exercise this power as it sees fit. <br /> Insurence. The insurance as required above may be carried by the association of unit owners on Grantor's behalf, and the proc;eeds 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 wlth Repulations of Association. Grantor shall periorm 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 interesi in <br /> the Real Property is a leasehold interest and such propeRy has been submitted to unit ownership, Grantor shall perform all of the obligations <br /> imposed on Grantor by the lease of the Real Property hom its owner. <br /> 25. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a paR of this Deed of Trust: <br /> Amendments. This Deed oi 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 /> AppliCable Law. This Deed of Trust shall be governed by and construed in accordance with the laws of the StBte of Nebraska. <br /> CaptiOn hkadlnys. 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 of this Deed ot Trust. <br /> Grantor's Copy of Documents. Lender agrees to provide Grantor with a conformed copy of both the LOANLINER� Home Equity Plen 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 /> time held by or f�r the benefit of Lender in any capacity,without the writlen consent of Lender. <br /> Multipk Partles. All obligations of Grantor under this Deed of Trust shall be joint and several,and all referenoes to Grantor sh811 mean each and <br /> every Grantor. This means that each oi the persons signinp below is responsible for all obligations in this Deed of Trust. <br /> Severablllty. If a couA of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforCeable as to any person or <br /> circumstence,such finding shall not render th8t provision invalid or unenforceable as to any other persons or dreumstarx�s. If ieesible,any suCh <br /> offending provision shall be deemed to be modified to be within the limits of enforceability or velidity however,if the offendinq provision cannot be <br /> so modified,it shall be sficken and all other provisions of this Deed oi Trust in all other respects shall remain valid and enforceable. <br /> Adcnowledpment. Prior to the execution hereof Grantor executed an acknowledgment stating thet Grantor understands that (a) this Deed of <br /> Trust is a trust deed and not a morlgage and (b)the power of sale provided for in this Deed of Trust provides substantially different nghts and <br /> obNgations to Granior than a matgage in the event of defautt or breach of obligation. <br /> Successors and Asslgns. Subject to the limitafions stated in this Deed ot Trust on transfer of Grantor's interest, this Deed of Trust shall be <br /> � <br />