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� 0 9 2 3 DEED OF TRUST Page 6
<br /> 9�` 5 (Continued)
<br /> title reporfs (including foreclosure reports), surveyors' report��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 atl other sumg provided by law.
<br /> Rlyhts of Trustee. Trustee shall have ail of the rights and duties of Lender as set forth in this section.
<br /> 21. GRANTOR'S FiIGHT TO REINSTATE. If Grantor meets certain condi6ons, Grantor shall have the nght to have enforcement of this Deed of Trust
<br /> discontinued at any time prior to the eariier of (i)five(5)days(or such other period as applicable law may speciy 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 conditions are
<br />,' that Grantor: (a)pays Lender all sums wh�ch�yould then be due under this Deed of Trust and the Credit Agreemenf had no acceleration occurred; (b)
<br />! cures all other defaults under this Deed of Trust and the Credit Agreemenh, (c)pays all reasonable expenses incuRed in enforpng this Deed of Trust,
<br />! inciuding,but not limiied 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 �rantor'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 efiective 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 OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of 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)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 subordinatlon or other agreement attecting 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 nghts and remedies set forth above,
<br /> with respect to all or any part of the Property, the Trustee shall have the right fo foreclose by notice and sale,and Lender shall have the nght 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 acknowfedged by Lender and recorded as required by applicable Iaw. The instrument shall contain, in addition to alt
<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 hustee,without ConveyanCe of the
<br /> Prope�ty,shall succeed to all the titte,power,and duties conferred upon the Trustee in this Deed of Trust and by applicsbte law. This procedure
<br /> for substitution 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 shall be in writing and shall be effective when actually
<br /> deiivered or,if mailed,shall be deemed effective when deposited in the United States mail first c185s, 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 foreciosure hom
<br /> the hdder 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 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 /> j for the establishment of condominiums or cooperative ownership of the Real Property:
<br /> Pvwer 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 /> essxiation of unit owners. Lender shall have the right to exercise this power of attomey only aRer default by Grantor, however, Lender may
<br /> dedine to exercise this power as it sees fit.
<br /> Inauronce. The insurance as required above may be carried by the association of unit owners on Grantor's behalf, and the prxeeds 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 Regulations of Associatlon. 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 regulaticns 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 obligations
<br /> imposed on Grantor by the lease of the Real Property from its owner.
<br /> 25. MISCEIIANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Dxuments,constitutes the entire understanding and agreement of the parties as to
<br /> I the matters set forth in this Oeed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed
<br /> I by the party or parties sought io be charged or bound by the alteration or amendment.
<br /> iAppllcable Law. This Deed of Trust shall be govemed by and construed in accordance with the laws of the State of Nebraska.
<br /> Caption Headfnys. Caption headings in this Deed of Trust are tor convenience purposes only and are not to be used to interpret or define the
<br /> provisions of this Deed of Trust.
<br /> Grontor's Copy of Documents. lende►agrees to provide Grantor with a conformed copy of both the LOANLINER�Home Equity Ptan Credit
<br /> Agreement and this�eed 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 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 /> Multfple PeRies. All obligations of 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 obligations in this Deed of Trust.
<br /> Severabillty. If a court of competent jurisdiction finds any provision of this Deed ot Trust to be invalid or unenforcaeble as to any person or
<br /> i circumsffince,such finding shafl not render that provision invalid or unenfwceable as to any other persorts or arCUmstar�ces. If feesible,any such
<br /> i oftending provision shall be deemed to be modified to be within the limits of enforceability or validity however,if the offendinq provision cannot be
<br /> so modified,it shall be sficken and all other provisions of this Deed ot Trust in all other respects shall remain valid and enforceable.
<br /> Adcnowledyment. Prior to the execution hereof Grantor executed an acknowledgmenf stating that Grantor understands that (a) this Deed of
<br /> Tnat is a trust deed and not a mortgage and (b) the power of sale provided for in this Deed of Trust provides substantially di}ferent 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 limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall De
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