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<br />DEED OF TRUST
<br />(Continued)
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<br />200707216
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<br />Page 6
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<br />title reports (including foreclosure reports), surveyors' reports, appraisal 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.
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<br />Rights of Trustee. Trustee shall have all of the rights and duties of lender as set forth in this section.
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<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 pu~uantto any power of sale contained in this Deed of Trust or (Ii) 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 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 of Trust,
<br />including, but not limited to, 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 Grantor's 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 if no acceleration had occured but Lender
<br />shall not be obligated to make any more credit advances. This right to reinstate shall apply If Grantor has not previously exercised the right to reinstate
<br />under this same Deed of Trust.
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<br />22. POWERS AND OBUGA nONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
<br />Trust.
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<br />Powers of Trustee. 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 />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 streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in
<br />any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
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<br />Trustee. Trustee shall meet all Qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth 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 nght to
<br />foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
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<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an
<br />instnJment executed and acknowledged by Lender and recorded as reQuired by applicable law. The instrument shall contain, in addition to all
<br />other matte~ required by stale law, the names of the original Lender, Trustee, and Grantor, the book and page (or computer system reference)
<br />where this Deed 01 Trust is recorded, and the name and address 01 the successor trustee, and the instrument shall be executed and
<br />acknowledged by all the beneficiaries under the Deed 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 Deed of Trust and by applicable law. This procedure
<br />lor substitution of trustee shall govern to the exclusion of all other provisions for substitution.
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<br />23. 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, 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 of this Deed 01 Trust. Any party may change its address for notices under this Deed 01 Trust by giving formal
<br />written notice to the other parties, specifying that the purpose 01 the notice is to change the party's address. All copies 01 notices of foreclosure from
<br />the holder of any lien which has priority over this Deed 01 Trust shall be sent to Lender's address, as shown near the beginning of this Deed 01 Trust.
<br />For notice purposes, Grantor agrees to keep Lender and Trustee informed at all times of Grantor's current address.
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<br />24. ASSOCtATION OF UNIT OWNERS. The lOll owing provisions apply il the Real Property has been submitted to unit ownership law or similar law
<br />for the establishment of condominiums or cooperative ownership 01 the Real Property:
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<br />Power of Atlorney. Grantor grants an irrevocable power of attorney to Lender to vote in its discretion on any matter that may come belore 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 it sees fit.
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<br />Insurance. The insurance as required above may be carried by the association of unit owners on Grantor's behalf, and the proceeds of such
<br />insurance may be paid to the association 01 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.
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<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 b}1aw!sof the association 01 unit owners, or oy any rules or regulations thereunder. If Grantor's interest in
<br />the Real Property is a leasehold interest and such property has been submitted to unit ownership, Grantor shall perform all of the obligations
<br />imposed on Granlor by the lease of the Real Property from its owner.
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<br />25. MISCEL.LANEOUS PROVISIONS. The following miscellaneous provisions are a part 01 this Deed of Trust:
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<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes Ihe entire understanding and agreement of the parties as to
<br />!he 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.
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<br />Applicable Law. This Deed of Trust Shall be governed by and construed in accordance with the laws of the State of Nebraska.
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<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used 10 interpret or define the
<br />provisions of this Deed of Trust.
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<br />Grantor's Copy of Documents. Lender agrees to provide Grantor with a conformed copy 01 both the LOANLlNER~ Home Equity Plan Credit
<br />Agreement and this Deed of Trust althe time they are executed or within a reasonable time after this Deed of Trust is recorded.
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<br />Merger. There shall be no merger Of the interest or 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.
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<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 is responsible for all obligations in this Deed of Trust.
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<br />Seyerablllty. If a court 01 compelent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br />circumstance, such finding shall nol render that provision invalid or 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, 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 respects shall remain valid and enforceable.
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<br />Acknowleclgment. Prior to Ihe execution hereof Grantor executed an acknowledgment stating that Grantor unde~tands that (a) this Deed of
<br />Tr~t is a !rust deed and not a mortgal;je 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 01 obligation.
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<br />Successors and Assigns. SUbject lD Ine limitations stated in this Deed of Trust on transler of Grantor's interest, this Deed of Trust shall be
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