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<br />DEED OF TRUST
<br />(Continued)
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<br />200710071
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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 permilled 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 Granlor meets certain conditions. Grantor shall have the right to have enforcement Of this Deed oITrust
<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 pursuant to 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 el(penses incurred in enforcing this Deed Of Trust,
<br />including, but not limited to, reasonable allorneys' 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 OBLIGATIONS 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 addllion 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 Ihe 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 />instrument el(ecuted and acknowledged by Lender and recorded as required by applicable law. The instrument shall contain, in addition to all
<br />olt1er matte~ required by state law, Ihe names of the original Lender, Trustee, and Grantor, the book and page (or 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 executed and
<br />acknowledged by all the benefiCiaries under the Deed of Trust or their successors in interest. The successor trustee, wilhout 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 />
<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 firsl 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 Deed of Trust by giving tormal
<br />wrillen 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 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.
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<br />24. ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been sub milled to unit ownership law or similar law
<br />for the establishment of condominiums or cooperative ownership of the Real Property:
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<br />Power of Attorney. Grantor grants an irrevocable power of allorney to Lender to vole in ils discretion on any mailer that may come before the
<br />association of unit owners. Lender shall have the right to exercise this power of allorney only after default by Grantor; however, Lender may
<br />decline 10 el(ercise this power as it sees tit.
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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 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.
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<br />Compliance with Regullltions 01 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!;of the association of 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 sub milled 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. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<br />A.mendments. This Deed of Trust, together with any Related Documents, conslilutes the entire understanding and agreement of the parties as to
<br />the mailers 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
<br />
<br />AppliCllble lIlw. 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 />CIlptlon Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define Ihe
<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 of both the LOANLlNER@ Home Equity Plan Credit
<br />Agreement and this Deed of Trust at the 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 al 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 Pllrtles. 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 1111 obligations in this Deed of Trust.
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<br />Severllblllty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br />Circumstance, such finding shall not 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, II shall be stricken and all other provisions of this Deed of Trusl in all other respects shall remain valid and enforceable.
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<br />Acknowledgment. Prior to the el(8Cution hereof Grantor executed an acknowledgment slaling that Grantor understands that (a) this Deed 01
<br />Tru~tls a trust deed IInd not II mortgage and (b) the power of sale provided for in this Deed ot 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 />Su==rs rmd Asslgns. Subjec! Ie Ihe limitations stated in this Deed of Trust on transfer of Granlor's inlerest, this Deed of Trust Shall be
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