d ��
<br /> 9 9 1`��`9 �7 4 � `f DEED OF TRUST Page 6
<br /> (Continued)
<br /> title reports (including foreclosure reports), surveyors' repoAs, appraisal fees, title insurance,and fees for the Trustee, to the extent permitted by
<br /> applicable Iaw. Grantor also will pay any couA costs,in addition to all other sums provided by law.
<br /> Rlphts 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 certain 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 period as epplicable law may specity for reinstetement)before sale of the
<br /> Property pursuant to any power of sele contained in this Deed of Trust or (ii)entry of a judgment enforcing this Deed of 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 had no acceleration 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 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 nghts 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 exerci5ed the nght 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 parl of this Dced 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 creflfing any restriction on the Real Propetty;and (c)join in
<br /> any subordination or other agreement aNecting this Deed of Trust or the in4erest 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 8nd remedies set forth above,
<br /> with respect to atl or any paA 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 hom time to time appoini a successor Trustee to any Trustee appointed hereunder by an
<br /> irtstrument executed and acknowtedged 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 oi Trust is recorded, and the name and address oi the successor trustee, and the inshument shall be executed and
<br /> acknowledged by all the beneficiaries under the Deed of Trust or their successors in interest. The sucoessor trustee,without Convey8nce of the
<br /> Property,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. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing and shsll be eHective 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 oi 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, specirying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure hom
<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 ot Trusi.
<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 similer 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 metter that may come before the
<br /> association of unit owners. Lender shall 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 /> Inaurance. 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 /> assopation,such proceeds shall be paid to Lender.
<br /> Comptlance wlth Reyulations of Assocfation. 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 Grantor's interesi in
<br /> the Reel 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 trom 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 Documents,constitutes the entire understanding and egreement of the parties as to
<br /> the matters set forth in this Deed of Trust. No alteration oi 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 State of Nebraska.
<br /> Captfon Fkadinys. 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 arier this Deed of Trust is recorded.
<br /> Meryer. There shall be no merger o(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 tor the benefit oi Lender in any capacity,without the written consent of Lender.
<br /> Mulripk Partles. All obligations of Grantor under this Deed of Trust shall be joint and several,and all refererxes to Grantor shall mean each and
<br /> every Grantor. This means that each oi the persons signing below is respo�sible for all obligations in this Deed oi Trust.
<br /> Severablllty. If a couR o(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 that provision invalid or unenforceable as to any other persons or circumstances. If feasible,any such
<br /> offending provision shall be deemed to be modified to be within the limits of enforceability or validity however,if the offending provision cannot be
<br /> so modified,it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable.
<br /> Adcnowledyment. Prior to the execu6on hereof Grantor executed en acknowledgment stating that Grantor understands thet (a) this Deed of
<br /> Trust is a trust deed and not a mortgege and (b)the power of sale provided for in this Deed of Trust provides substantially dMferent rights and
<br /> obligations to Grantor than a mortgage in the event of detautt or breach ot obligation.
<br /> Suxessors and Asslgns. 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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