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9 9 110 8 4� DEED OF TRUST Page 6
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<br /> title reports (including foreclosure reports), surveyors' reports, appraisal fees,title insurance,and fees for ihe Trustee, to the extent permitled by
<br /> applicable law. Grantor also will pay any court Costs,in addition to all other sums provided by law.
<br /> Riphts of Trustee. Trustee shall have all oi 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 nght to h8ve enforcement of this Deed of Trust
<br /> discontinued at any time prior to the earlier oi (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 oi Trust. Those conditions are
<br /> that Grantor: (a)pays Lender all sums which would then be due under this Deed of Trust and the Credit Agreement had no acceleration occurred; (b)
<br /> cures all other defaults under this Deed of Trust and the Credit Agreement; (c)peys all reasonable expenses inCURed in enforoing this Deed ot 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 rights in the Property and Grantor's obligation to pay the sums secured by this Deed of Trust shall continue unchanged. Upon
<br /> reinsffitement by Grantor,fhis Deed of Trust and the obligations secured hereby shall remain fully effective as 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 previously exercised the right to reinstate
<br /> under this seme Deed of Trust.
<br /> 22. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions retating to the powers and obligations of Trustee are paA of this Deed of
<br /> Trust.
<br /> Powers oi Trustee. In addition to all powers of Trustee arising as a marier ot 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)join in preparing and filing a mep or plat of the Real PropeRy,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 Deed of Trust or the interest of Lender under this Deed ot Trust.
<br /> Trustee. Trustee shall meet alI qualifications required for Trustee under applicable law. In addition to the nghts and remedies set}orth above,
<br /> with respect to all or any paR of the Property,the Trustee shall have the right to foreclose by notice and sale,and Lender shal� heve 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 sucxessor Trustee to any Trustee appointed hereunder by an
<br /> irtstrument 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 stete 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 inshument 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 t�eed ef 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 shall be etfective when actually
<br /> delivered or,if mailed,shall be deemed eHective when deposited in the United States mail fiBt 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 from
<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 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 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 /> associafion of unit owners. Lender shall have the right to exercise this power of attorney only atter defautt by Grantor; however, Lender may
<br /> decline to exercise 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 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 /> association,such proceeds shall be paid to Lender.
<br /> Complfance wfth Regulations ot Associetion. Grantor shall perform all of the obligations imposed on Grantor by the declarallon 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 interest in
<br /> the Real Property is a leasehold inferest and such propeRy has been submitted to unit ownership, Grantor shall perform all of the obligations
<br /> impoaed on Gran!cx try the lease af!he Res}Property from its awner.
<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 pafies as to
<br /> the matters set forth in this Deed oi Trust. No atteration of or amendment to this Deed oi Trust shall be effective unless given in wriHng end signed
<br /> by the party or parties sought to be charged or bound by the alteration or amendment.
<br /> Applicable I.aw. This Deed of Trust shalt be governed by and construed in accordance with the law5 of the State of Nebraska.
<br /> Caption hleadfnps. 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 oi Trust at the time they are executed or within a reasonable time a(ter this Deed of Trust is recorded.
<br /> Merper. There shall be no merger o(the interest or estate created by this Deed oi Trust with any other interest or estate in the Property at any
<br /> fime held by or tor the benefit of Lender in any capecity,without the written consent of Lender.
<br /> Muftiple Partfea. All obligations of Grantor under this Deed oi Trust shall be joint and several,and all referenoes to Grantor shall mean each and
<br /> every Grantor. This means that each oi the persons signing below is responsible for ell obligations in this Deed ot Trust.
<br /> Severablllty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br /> circumstance,such finding shall not render that provision invalid or unenforceable as to any other persorts or arcumstarxes. 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 offendin9 provision Cannot be
<br /> so modified,it shall be stricken and all other provisions ot 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 that Grantor understands that (a)this Deed of
<br /> Trust is a trust deed and not a moRgage and (b)the power of sale provided tor in this Deed of Trust provides substantially different nghts and
<br /> ob6gations to Grantor than a mort9age in the event of detautt 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 be
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