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200211280 DEED OF TRUST Page 6
<br />(Continued)
<br />title reports (including foreclosure reports), surveyors reports, appraisal fees, title insurancil, 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 meets certain conditions, Grantor shall have the right to have enforcement of this Deed of Trust
<br />dscontinued at any time prior to the earlier of (i) five (5) days to, 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 (it) entry of a judgment enforcing this Deed of 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 No 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 of Trust,
<br />including, but not limited I0, 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 Grantors obligation to pay the sums Secured by this Deed of Trust shall continue unchanged. Upon
<br />reinstatement by Grantor, this Deed of Trust and the obligations secured hereby shall remain fully effective as it no acceleration had occured but Lender
<br />shM not be obligalad to make any more credit advances. This fight to reinstate shall apply if Grantor has not previously exercised the nghl to reinstate
<br />under the same Deed of Trust.
<br />22. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pert of this Deed of
<br />Trust.
<br />Powers of Trustee. In addition to all powers of Trustee losing as a matter of 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 map Or plat of the Real Property, including the
<br />dedication of strees or other rights to the public; (b) join in granting any easement or a mling any reslnction on the Real Property; and (c) join in
<br />any subordination or other agreement affecting this Dead of Trust or 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 nghts and remedies sat forth above,
<br />with respect to all or any pan of the Prop", the Trustee shell have the right to foreclose by notice and sale, and Lender shall have the tight to
<br />tddixom by judicial foreclosure, in either close in accordance with and to the full extent provided by applicable few.
<br />Suaessur Trustee. Lender, at 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 />order 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 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 the Dead of Trust or ttreir successors in interest. The successor trustee, without conveyance of the
<br />Property, shall succeed to all the title, power, and duties conlened upon the Trustee in ins 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 />M 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 or, if mailed, shell be deemed effective when deposited in the United Slates mail first class, registered mail, postage prepaid, directed to the
<br />Soonest shown near the beginning of this Dead of Trust. Any party may change is 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 nolices of foreclosure from
<br />the holder of any lien which has priority over this Dead of Trust shall be sent to Lender's address, as shown hear the beginning of this Dead 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 Prop" has been submitted to unit ownership law or similar law
<br />for the establshmenl of condominiums or cooperative ownership of the Real Property:
<br />Powder of ANomey. Grantor grants an inevocable 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 />decide to exardse this power as it sees fit.
<br />Insurance. The insurance as required above may be Carded 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 reconstrucbng the Property. If not so used by the
<br />association, such proceeds shall be paid to Lender.
<br />ComPllance with Regulations of Assuolelion. Grantor shall perform all 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 Grantors interest in
<br />re Real Property is a Swasi 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 from is owner.
<br />25. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trot:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes IN entire understanding and agreement of the parties as to
<br />the metiers set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall he effective unless given in writing and signed
<br />by the Party or parries 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 Slate of Nebraska.
<br />Caption Headings. Caption headings in the 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 LOANUNER® Home Equity Plan Credit
<br />Agreement and this Dead of Trust at the time they are executed or within a reasonable time after this Deed of Trust is recorded.
<br />Merger. There shall be no merger of the interest Or estate created by the Dead of Trust with any other interest or estate in the Property at any
<br />fima held by or for IN benefit of Lender in any Capacity, without the written consent of Lender.
<br />MuMple Parties. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and
<br />every Grantor. This means that each of the persons signing below s responsible for all obligations In this Deed of Trust.
<br />Severabillly. If a court of competent jurisdiction finds any provision of this Deed of Trust to he invalid or unenforceable as to any person or
<br />Circumstance, such finding shalt not render that provision invalid or unenforceable as to any Other persons or circumstances. If feasible, any such
<br />offending provision shall he deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be
<br />SO modified, A shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable.
<br />Atlmowledgmenl. Prior to the execution hereof Grantor executed an acknowledgment stating that Grantor understands that (a) this Dead of
<br />Trust s a trust dead 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 default or breach of obligation.
<br />Successors and Assigns. Subject to he limitations stated in this Dead of Trust on transfer of Grantor's interest, this Dead of Trust shall be
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