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DEED OF TRUST Page 6
<br />20030'4654 (Continued)
<br />We reports (including foreclosure repel), surveyors mpols, appraisal lees, title insurance, and fees for the Trustee, to the silent Permitted by
<br />applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
<br />Rights W Trustee. Trustee shall have all of the right 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 Dead of Trust
<br />discontinued at any time prior to the earlier of (i) tics (5) days (w such other Period as applicable law may specify for reinstatement) before sale of the
<br />Prop" pursuant to any power of sale contained in this Deed of Trust or (II) entry of a Judgment enforcing this Deed of Trust. These Conditions are
<br />met Grantor. (a) pays Lender all sums which would then de due under this Deed of Trust and the Credit Agreement had no acceleration occurred; of
<br />cures all other defaults under Ihs Deed of Trust and the Credit Agreement; (c) pays all reasonable eepermes incurred in enforcing this Deed of Trust,
<br />including. but net limlted tie. reasonable attorneys' fees; and (6) takes such action as Lender may reasonably require to assure that the lien of this Deed
<br />W 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 />reins atera l by Grantor, this Dead of Trust and the obligations secured hereby shall remain fully effective as if no acceleration had occured but Lander
<br />shall not be obligated! to.make any more credit advances. This right t0 reinstate shall apply if Grantor has not previously exeraeed the right to reinstate
<br />under ms same Dead of Trust.
<br />22. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of the Deed of
<br />Trust
<br />Powers, Of Trustee. In addition to all powers of Trustee arming as a matter of taw, 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 map or plot of the Reel PropeM, including the
<br />dedication of shoes or other right to the public: (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in
<br />any Su0ordination or other agreement affecting this Dead of Trust or the interasl of Lender under this Dead of Trust.
<br />Trustee. Trustee stall meet all qualifications required for Trustee under applicable law. In addition l0 the right and remedies set forth above,
<br />with respect to all or any pan of fhe Prop", the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the fight to
<br />foreclose by judicial foreclosure, in either case in accordance with and to the full ancient provided by applicable taw.
<br />Successor Trualee. Lender, at Lender's option, may from time to time appoint a successor Trustee t0 any Trustee appointed hereunder by an
<br />instrument assaulted and acknowletlgad by Lender and recorded as required by applicable law. The instrument shall contain, in addition to all
<br />Other maters required by slate few, the names of me original Lender, Trustee, and Grantor, the book and page for 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 eimputed and
<br />acknowledged by all the bereilcuners under the Dead 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 Dead of Trust and by applicable law. This procedure
<br />for substitution of trustee shall govern to the emlusion of all other provisions for substitution.
<br />M. 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, it 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 Dead 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 M this Dead of Trust.
<br />For notice purposes, Grantor agrees to keep Lender and Trustee informed at all times of Grantor's current adaress.
<br />24. ASSOCIATION OF UNIT OWNERS. The following provisions apply If the Real Property has bean sulfir 0 to unit ownership law or similar law
<br />for the establishment of condominiums or cooperative ownership of the Real Property.
<br />Power of Attorney. 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 Grantor; however, Lender may
<br />dedirw to exercise this power as it sees fit.
<br />Inwrence. The insurance as required above may be carved 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 reconstrudting the Property. If not so used by the
<br />association, such proceeds shall be paid to Lentler.
<br />Compliance with Regulations of Assocletfon. Grantor shall 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 Properly is a leasehold interest and such property has been submitted to unit ownership, Grantor shall deform all of the obligations
<br />imposed an Grantor by the lease of the Real Property from its Owner.
<br />25. MISCELLANEOUS PROVISIONS. The following miscailamous provisions are a pan of this Deed of Trust:
<br />Amendments. This Deed of Trust, togelher with any Related Documents, constitutes the entire understanding and agreement of the parties as to
<br />fill rrw set form in this Deed of Trust. No alteration of Or amendment to INS Deed of Trust shell he effective unless given in willing and signed
<br />by the party or parties sought to he changed or bound by the alteration or amendment.
<br />Applicable Lew. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of Nebraska.
<br />Caption headings. Caption headings In this Deed of Trust are for convenience purposes only and fire not to be used to Interpret or define the
<br />provisions of this Deed of Trust.
<br />GrmttOr's COPY of Documents. Lender agm6 s 10 provide Grantor wilh a conformed Copy of both the LOANLINERS Home Equity Plan Credit
<br />Agreement and this Dced of Trust at the lime they are executed or within a reasonable lime after this Deetl of Trust is recorded.
<br />Mention. There shall be no merger of the interest an 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 />Mut ipk Parties. All Obligations of Grantor under this Deed W Trust shall be joint and several, and all references to Grantor shall mean each and
<br />away Grantor. This mail that each at the persons signing below is responsible for all obligations In this Deed of Trust.
<br />Severebflity. if a court of competent jurisdiction finds any provision of firs Deed of Trust to be invalid or unenforceable as to any person w
<br />Circumstance, such finding Shan not render that provision invalid or unenforceable as to any other perform w circumstances. If feasible, any such
<br />Offending provsion shall be deemed to be modified to be within the limit of enforceability w 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 respect shall remain valid and enforceable.
<br />ACknowledgment. Prior to the execution hereof Grantor executed an acknowledgment stating that Granw understands that (a) this Deed of
<br />Trust s a trust tleetl and not a mangege and (b) the power of sale prOvidetl Ica in this Deed of Trust providim substantially, different rights and
<br />oblgatiom to Graniw than a mortgage In IN event of default or breach of obligation.
<br />Successors and Asslgna. Subjep to We li m,.,Crm stated in this Deed of Trust On transfer of Grantor's interest, this Deed of Trust shall be
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