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DEED OF TRUST 200207793 Page 6
<br />(Continued)
<br />title reports (including foreclosure reports), surveyors' reports, appraisal lees, 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 />Rights of Trustee. Trustee shall have all of the rights and duties of Lander as set forth in this section.
<br />21. GRANTOR'S RIGHT TO REINSTATE. If Grantor .eels certain conditions. Grantor shall have the right to have enforcement of this Dead of Trust
<br />discontinued at any time prior to the ¢abler of (i) five (S) days (or such other period as applicable law may specify for reinstatement) before sale of the
<br />Properly pursuant to any power of sale contained in this Dead of Trust or (it) entry of a judgment enforcing this Dead of Trust Those conditions are
<br />that Grants: (a) pays Lender all sums which would then be due under this Deed of Trust and the Cretin Agreement had no ecCBleretion occurred: (b)
<br />cures all other Car lts under this Deed of Trust and the Credit Agreement; (c) pays all reasonable expenses incurred in enforcing Ibis Deed of Trust,
<br />including, but not limited lo, reasonable atlomanni fees; and (d) lakes such action as Lender may reasonably require to assure that the Iron of this Deed
<br />of Trust. Lender's rights in the Prop" and Grantor's obligation to pay the sums secured by this Dead of Trust shall persona Unchanged. Upon
<br />reinstatement by Grantor, this Dead of Trust and the obligations Secured hereby shall remain fully effective as it no acceleration had occured but Lender
<br />shall not be obligated to make any more credit advances. This righl to reinstate shall apply if Grantor has not previously exercised the right to reinstate
<br />under M5 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 of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shah have tine power to lake 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 plat of the Real Property, including the
<br />decibel of strae5 or other rights to the public, (b) loin In granting any easement or creating any restriction on the Real Property, and (c) )din in
<br />any subordination or other agreement affecting this Dead of Trust or the interest of Lender under this Dead of Trust.
<br />Trustee. Trustee Shall most all oualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above,
<br />With respect to all or any pan of the PropeM, the Trustee shall have the right to foraolose by notice and sale, and Lander 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, al Lender's option, may from 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 />diner matters required by slate law, the names of the original Lender, Trustee, and Grantor, the book and page her computer system reference)
<br />where this Dead 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 me Deed of Trust or their successors in interest. The succesor trusee, without conveyance 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 />W. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Dead of Trust Shall be in writing and shall be effective when actually
<br />delivered s, if mailed, shall be deemed effective when deposited in the United Stales mail first class. registered mail, poelage prepaid, directed to the
<br />addresses shown near the beginning of this Dead of Trust Any party may change its address for notices under this Deed of Trust by giving formal
<br />written notice to the other Carlos, speciNing 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 Len which has priority over this Dead 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 suomitled 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 />decline to exercise this power as t sees ft.
<br />Insurance. The Insurance as required above may be carried by the association of unit owners on Grantors behalf, and the proceeds of such
<br />insurance may be paid to the association of unit owner, for the purpose of repairing or reconstructing the Property. If not so used by the
<br />assoOahon, such proceeds shall be pace to Lender.
<br />Compliance with Regulations of Association. Grantor shall perform all of the obligations imposed on Grantor by the declaration submitting the
<br />Real Property to unit ownership, by the bpaws of the association of unit owners, or oy any rules or regulations thereunder. If Grantees interest in
<br />the Real Property is a leasehold interest and such property has been submitted to unit ownership, Grantor shall perform all 01 the obligations
<br />imposed on Grantor by the lease of rue Real Property from its owner.
<br />2a. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Deed of Trust:
<br />Amendments. This Deep of Trust, together with any Related Documents, constiNtes the entire understanding and agreement of the parties as to
<br />the matters set forth in this Dead of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in wrfing and signed
<br />by the part' or parties sought to be charged or bound by the alteration or amendment.
<br />Applicable Law. This Dead of Trust shall be governed by and construed in accordance with the laws of the State of Nebraska.
<br />Caption Headings. Caption head'mgs in this Dead 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 LOANLINERe Home Equity Plan Credit
<br />Agreement and this Dead of Trust at the time they are executed or within a reasonable time after Ihis Dead of Trust is recorded.
<br />Merger. There shall be no merger of the interest or estate created by this Dead 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 Lander.
<br />MuRiple Parties. All obligations of Grantor under this Dead of Trust shall be loin( and several. and all references to Grantor shall mean each and
<br />every Grantor. This means that each of the Persons signing below is responsible for all obligations in this Dead of Trust.
<br />Severablllty. If a court of wmpelanl jurisdiction finds any provision of this Dead of Trust to be invalid an unenfomeable as to any person or
<br />circumsfence, such finding shall not render that provision invalid s 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, it the offending provision cannot be
<br />so modified, it shall be stricken and all other provisions of this Dead of Trust in all other respects shall remain valid and enforceable.
<br />Acknowledgment. Pds to the execution hereof Grantor executed an acknowledgment stating that Grantor understands that (a) this Dead of
<br />Trust is a trust dead and not a mortgage and (b) the power of sale provided for in this used of Trust provides substantially different rights and
<br />obligations to Grants than a mortgage in the event of default or breach of obligation.
<br />Successors and Assigns. Subjer'ta the limitations staled in Ihis Deed of Trust on transfer of Grantor's interest, this Dead of Trust shall be
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