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RE-RECORD" 1 1'r,..'3 $ 9
<br />99 105-25 DEED OF TRUST - Page 6
<br />(Continued) 200213993 -
<br />the reports (including foreclosure reports), surveyors reports, appraisal fees, title insurance, and fees for the Trustee, to the extent Permitlad by
<br />applicable law. Grantor also will pay any court costs. In addition to all other sums provided by law.
<br />Rights of Tend". Trustee shall have all of the rights and duties of Lender a$ set forth in this section
<br />21. GRANTOR'S RIGHT TO REINSTATE. If Grantor meets centem conditions, Grantor shall have the right to have enforcement of this Dead of Trust
<br />dwonhnued at any time Prior to the caller of (1) five (5) days (or such other period as applicable law may Specify for reinstalemenl) before sale of the
<br />properly pursuant to any power of sale contained In this Deed of Trust or (it entry of a judgment enforcing this Doe d! of Trust. Those conditions are
<br />that Grantor m) pays Lender all SUMS which would then be tlU, under this Deed of Trust
<br />ell Land the Credit Agreement had io enforcing accelerated the Dead ccu old rust,
<br />cures all other defaults Under this Deep of Trust and the Credit Agreement, (c) pays
<br />Indutling, but not 6hriled lo, reasonable aicrryi fees; antl (d) takes such action as Lender may reasonably require to assure that the lien of this Deed
<br />M Trust, Lenders rights in the Property and Grantors obligation 10 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 secured but Lender
<br />shall not he obligated 10 make any more credit advances. This right to reinstall shall apply if Grantor has not previously exe cehad the right to reinstate
<br />Under this same Dead of Trust.
<br />1. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pan of this Deed of
<br />Trust.
<br />Powers of Trustee. In addition to r ell powers of Trustee arising as l matter of law, ing and shell have the power IO lake the rotowinB actions with
<br />d.d,,n to the PI 'party open the request of Lender and Grantor. (El loin in preparing and filing a reap of plat of the Reel PropeM, including the
<br />any Subordination in Lion o or other ream to the public; (D) join in granting any easement or dreefing any reread of r the Reel Property; and (c) loin m
<br />any subortlinefion or other agreement affecting this Dead of Tms, 0, the m!eresl of Lender under This Deed a Trust.
<br />Trustee. Trustee shall meet all qualifications required tar Trustee Under applicable law. In addition to th0 rights and remedies set forth above. to all or any pan of f
<br />with
<br />aredose by judicial foreclosure, fo either Property,
<br />ase in accordance with and loothe full Sileforeclose ded by appll Dle law d Lender shell have the fight n
<br />Successor Trustee. Lender, al Lenders option, may from time to time appoint a sueorl Trustee ttonan TT virus $�IeIIPCO�lleein. hereunder i i Oo an
<br />instrument executed and acknowledged by Lender and recorded as required by applicable
<br />,mor matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page (w computer system reference)
<br />what, t or
<br />his Dead of Trust Is recorded, and the name and address of the successor trustee, and the inseuffil shall ol eo executed ante of the
<br />acknowledged by all the beneficiaries under the Deed of Trust or their successors in interest. The successor trustee
<br />in this Dead of Trust and by applicable law. Thy
<br />property, shall succeed to all the title, power, and duties conferred upon the Trustee procedure
<br />fig substitution of lusted shall govern to the exclusion of all other provSOna for substitution.
<br />M. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Dead of Trust shall be in writing and shall to repaid, when actually
<br />,alivamd oc II mailed, shall be deemed effill when deposited in the United States marl first class, registered mail, postage Prepaid, directed to the
<br />edtlressas shown near lea beginning of this Dead of Trust. Any party may change its address for nolicm cantle, this Deetl 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 Oi notices at foreclosure from
<br />the holder of any lien which has pnonty over this need of Trust shall be sent to Lender's address, as shown dear the beginning of this Dead of Trust.
<br />Far notice purposes. Grantor agrees to keep Lender and Trustee informed at all limes of Grantor's current address.
<br />31. ASSOCIATION OF UNIT OWNERS. The following provisions apply If the Real Property has been submitled to unit ownership law or similar few
<br />In 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 vole in Its discretion on any matter that may come before the
<br />w
<br />associstfon of unit owners. Lender shall have the right to exercise this power of ahorday only after default by Grantor; however, Lentler may
<br />docam, t0 exercise In* power as it ages fit.
<br />Inwrance. The insurance as required above may be carried by the associahon 01 unit owners on Grantor's Daope and the t proceeds use 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 />Compliance with Regulations of A me,lation. Grantor shall perform all of the obligations imposed on Grantor by the declaration re des Interest tie
<br />Real PropeM to unit ownership, by the bylaws of the association of unit owners, or by any rules or regulations thereunder. II Gantor's interest m
<br />the Has Popedy is a lco errand Interest and such Property has been submitted to unit ownership, Granby shall perform all of care obligations
<br />imposed on Grantor by the lease of the Real Property from its owner.
<br />25. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Dealt of Trust:
<br />Amendments, This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to
<br />the matters sal forth in this Dead of Trust. No alteration at or amendment to this Deed of Trust shall be effmmly unless given in writing and signed
<br />by the party w parties sought to be charged 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 />Chatted Fleadings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to inte ri rel or define the
<br />provisions of this Deep of Trust.
<br />Grantor's Copy of Documents. Lender agrees to provide Grantor with a conformed copy of both the LOANLINERS Home Equity Plan Credit
<br />Agreement and this Dead of Trust at the time they are executed of within a reasonable time after this Used of Trust is recorded,
<br />Merge, There shall he no merger of the Interest or estate created by this Deed of Trusl with any other interest or Mate In the Property at any
<br />time ned by or for the benefit of Lender in any capaoi y, without the wntlan consent of Lender.
<br />Multiple 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 a responsible for all obligations in the Dealt of Trust.
<br />Seemsbllity. If a court of competent jurisdiction finds any provision of this Dead of Trust to DB Ili an unentwteable As to any Person Or
<br />c rcumstance, such finding shall not render test provision invalid or unenforceable as to any other Parsons or drcumslene05. If feasible, any such
<br />offending provision shall be deemed to be modified to be within the limits of enbrceability w validity; however, If the offending provision cannol be
<br />so modified, d shall he stricken and all other provisions of this Deed of Trust in all other respects shall remam valid and enforceable.
<br />Acknowledpmenl.
<br />prior to the execution hereof Grantor executed an acknowledgment slating that Grantor understands that (a) the Dread M
<br />Trust IS a trust dealt and not a mortgage and (b) the power of sale provided fw In this Deed of Trust prov,se substersany dilteranl rights and
<br />di t,,guore to Grantor than a mortgage in the event of default w breach of obligation.
<br />Sucieswre and Assigns. Subject b the limitations Stated In this Dead of Trust on transfer of Grantors interest. this Dead of Trust shall De
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