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�' � � . - DEED OF TRUST 9 9 1112 9 9 Page 6
<br /> (Continued)
<br /> title reports (including foreclosure reports), surveyors'reports, appraisal fees,title insurance, and fees for the Trustee, to the eztent permitted by
<br /> applicable law. Grantor also will pay any cou�t Costs,in addition to all other sums provided by law.
<br /> Rlyhts of Trustee. Trustee shall have atl 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 right to have enforcement of this Deed of Trust
<br /> discon6nued 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 oi Trust. Those condirions 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 axeleration 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 /> inctuding,but not limited to,reasonable attorneys'fees;and (d)takes such action as Lender may reasonably require to assure that the fien 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 7rust shall continue unchanged. Upon
<br /> reinstfltement 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 ii 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 oi Trustee. In addition to all powers of Trustee arising as a matter of lew,Trustee shall have the power to take the following actions with
<br /> respect to the Property upon the request ot Lender and Grantor: (a)jan in preparing and filing a map or plat of the Real Property,including the
<br /> dedication oi 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 of Trust.
<br /> Trustee. Trustee shall meet all qu2Tifications required for Trustee under appii�;able law. In addition to the rights and remedies set forth 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 sh8tl 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 /> inslrument executed and acknowledged by Lender and recorded as required by applicable law. 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 trustee,without conveyance of the
<br /> Prope�ty 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 shall be effective 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 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 hom
<br /> the hdder of any lien which has prioriry 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 alt times of Grantor's current address.
<br /> 2�. ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit ownership law w 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 after default by Grentor, 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 Granfor's behalf, and the proceeds of such
<br /> insurance may be paid to the associalion 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 wlth Re�ulations of Association. Grantor shalt perform atl 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 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 hom its owner.
<br /> 25. MISCEJIANEOUS PROVISIONS. The following miscellaneous provisions are a parl ot this Deed of Trust:
<br /> Amendmenta. This Deed of Trust,together with any Related Documents,constitutes the entire understending end 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 end signed
<br /> by the party or parties sought to be charged or bound by the alteration or amendment.
<br /> Applicable L.ew. This Deed oi Trust shall be governed by and construed in accordance with the laws of the State of Nebraska.
<br /> Caption hkadinys. Caption headings in this Deed oi Trust are for convenience purposes only and are not to be used to interpret or deflne the
<br /> provisions of this Deed of Trust.
<br /> Grantw's Copy of Documents. Lender agrees to provide Grantor with e 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 est8te in the Property at any
<br /> time held by or for the benefit of Lender in any capacity,without the writlen consent of Lender.
<br /> Multiple Perties. All obligarions of Grantor under this Deed of Trust shall be joint and several,and all refererx�s to Grantor shall mean each and
<br /> every Grantor. This means that each oi the persorts signinp below is responsible for all obligations in this Deed Of Trust.
<br /> Severablliry. 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 /> ciroumsffince,such finding shall not render that provision 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 of enforceability or validity;however,if the offendinfl provision cennot be
<br /> so modified,ft shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforce8ble.
<br /> Adcnowledpment. 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 different rights and
<br /> obligations to Grantor than a mortgage in the event of defautt or breach of obligation.
<br /> Sucxessors and Asslgns. Subject to the limitations stated in this Deed oi Trust on transfer of Grantor's interest, this Deed of Trust shall be
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