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<br /> RE ,�
<br /> RE�pR� ,��� ���� _ _ . ,
<br /> � �``..i'��it a .,i ^ � ' �
<br /> 9 9 .���., �rj DEED OF TRUST Page 6 .
<br /> (Continued)
<br /> title reports (including forectosure reports), surveyors' reports, appraisei 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 /> Rlytlts of Trustee. Trustce shatl have all of the rights and duties of Lender as Set foRh 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 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 o}Trust. Those condiHons are
<br /> that Grantor: (a)pays Lender all sums which would then be due under this Deed o(Trust and fhe Credit Agreement had no acceleration occurred; (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 oi Trust,
<br /> including,but not limited to,reasonable attorneys'fees;and (d)takes such action as Lender may re8sonably require to assure thet the lien ot 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,this Deed ot 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 eny more credit advances. This right to reinstate shall apply if Grantor has not previously exercised the right to reinstefe
<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 paA of this Deed of
<br /> Trust.
<br /> Powers oi Trustte. 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 /> r�pect te the Property upon the request of Lender and Grantor: (a)jan in prepanng and filing a map or plat ot the Real Property,including the
<br /> dedication of streets or other rights to the public; (b)join in granting any easement or creatinp any restrictlon on the Real Property;and (c)join in
<br /> any subordination or other agreement aflecting this Deed of Trust�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 and remedies set fo�th 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 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 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 shatl be executed and
<br /> acknowledged by all the beneficiaries under the Deed of Trust or their successo►s in interest. The sua�ssw truslee,without Conveyence of the
<br /> Property,shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applic8ble law. This proCedure
<br /> for substitution of trustee shall govern to the exclusion of all other provisions for substilution.
<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 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 pa�ties, specirying thet the purpose of the notice is to change the party's address. All copies of notices of foreclosure hom
<br /> the hotder 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 oi Trust.
<br /> For notice purposes,Grantor agrees to keep Lender and Trustee informed at al�times of Grantor's cuReni address.
<br /> 24. ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitled to unit ownership Iaw 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 mey come before the
<br /> associetion of unit owners. Lender shall have the right to exercise this power of attorney only after defautt by Grantor; however, Lender may
<br /> dedine to exercise this power as it sees fit,
<br /> Insurance. The insurance as required abbve may be cerried 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 with Regulations ot Association. Grantor shalt perform all of the obligations imposed on Grantor by the declaration submitting the
<br /> Reel 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 R;operty is a leasehold interest and such property has been submitted to unit owne�ship, Gran!or shall perform all of the obligations
<br /> imposed on Grentor by the lease of the Real PropeAy trom its owner.
<br /> 25. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendmenta. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement oi 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 State of Nebraska.
<br /> Captfon hleadinps. 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 �rantor 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 est8te in the PrOperty at any
<br /> fime held by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Mufriple Partiea. All obligations of Grantor under this Deed of Trust shall be joini and several,and alt referenoes to Grantor sha�l mean each and
<br /> every Grantor. This means thet each of the persons signinfl below is responsible for all obligafions in this Deed of Trust.
<br /> Severablllty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unentorceable as to any person or
<br /> circumstance,such finding shall not render that provision invalid or unenforceable as to any other persons or arcumstanoes. If feasible,any such
<br /> offending provision shall be deemed to be modified to be within the limits of enforceability or validity;however,N the offending provision cannot be
<br /> so modified,it shall be stricken and all other provisions of this Deed of Trust in ell other respects shall remain valid and enforceable.
<br /> Adcnowledpment. Prior to the execution hereof Grantor executed an acknowledgment steting lhet Grantor understands that (a) tAis Deed of
<br /> Trust a a trust deed and not a mortgage and (b)the power of sale provided for in this Deed of Trust provides substantiatty dilferent rphts and
<br /> obligatio�to Grantor than a mortyage in the event of defautt or breach of obligation.
<br /> Suxessors 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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