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<br />e
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<br />DEED OF TRUST
<br />(Continued)
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<br />e 200801419
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<br />Page 6
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<br />tine reports (including loreclosure reports), surveyors' reports, appraisal lees, tille insurance, and lees lor the Trustee, 10 the extenl permitted by
<br />applicable law. Granlor also will pay any court costs, in addilion to all other sums provided by law.
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<br />Rights ot Trustee. Trustee shall have all of the rights and duties 01 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 01 Trust
<br />discontinued at any time prior to the earlier of (i) live (5) days (or such other period as applicable law may specify lor reinstatement) belore sale 01 the
<br />Property pu~uant to any power of sale contained in this Deed 01 Trust or (ii) entry 01 a judgment enlorcing this Deed 01 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 acceleralion occurred; (b)
<br />cures all other delaults under this Deed of Trust and the Credit Agreement; (c) pays all reasonable expenses incurred in enlorcing this Deed 01 Trust,
<br />including, but not limited to, reasonable attorneys' lees; and (d) takes such aclion as Lender may reasonably require to assure that the lien 01 this Deed
<br />of Trust, Lender's rights in the Property and Grantor's obligation to pay the sums secured by this Deed 01 Trust shall continue unchanged. Upon
<br />reinstatement by Grantor, this Deed of Trust and the obligations secured hereby shall remain lully 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 il Grantor has not previously exercised the right to reinstate
<br />under this same Deed 01 Trust.
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<br />22. POWERS AND OBLIGATIONS OF TRUSTEE. The loll owing provisions relating to the powe~ and obligations 01 Trustee are part 01 this Deed 01
<br />Trust.
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<br />Powers ot Trustee. In addition to all ~owe~ 01 Trustee arising as a matter 01 law, Trustee shal! have the power to take the loll owing actions with
<br />respect to the Property upon the request of Lender and Grantor: (a) join in preparing and filing a map 0, 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 01 Trust or the interest 01 Lender under this Deed 01 Trust.
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<br />Trustee. Trustee shall meet all qualifications required lor Trustee unOer applicable law. In addition to the rights and remedies set lorth above,
<br />with respect to all or any part of the Property, the Trustee shall have the nght to loreclose by notice and sale, and Lender 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.
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<br />Successor Trustee. Lender, at Lender's option, may Irom 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 />other matters required by state law, the names 01 the original Lender, Trustee, and Grantor, the book and page (or computer system relerence)
<br />where this Deed 01 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 successo~ 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 01 Trust and by applicable law. This procedure
<br />lor substitution 01 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 01 Trust shall be in writing and shall be effective when actually
<br />delivered or, il mailed, shall be deemed eHective when deposited in the United States mail first class, registered mail, postage prepaid, directed 10 the
<br />addresses shown near the beginning of this Deed 01 Trust. Any party may change its address lor nolioes 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 01 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 01 this Deed of Trust.
<br />For notice purposes, Grantor agrees to keep Lender and Trustee inlormed at all times of Grantor's current address.
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<br />24. ASSOCIATION OF UNIT OWNERS. The lollowing provisions apply il the Real Property has been submitted 10 unit owne~hip law or similar law
<br />for the establishment 01 condominiums or cooperative owne~hip 01 the Real Property:
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<br />Power 01 Attorney. Grantor grants an irrevocabie power Of attorney to Lender to vote in its discretion on any matter that may come before the
<br />association of unit owne~. Lender shall have the right to exercise this power of attorney only alter 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 owne~ on Grantor's behalf, and the proceeds of such
<br />insurance may be paid 10 the association of unit owners for the purpo~ 01 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 />Compllllnce with Regullltions of Association. Grantor shall perform all 01 the obligations imposed on Grantor by the declaration submitting the
<br />Real Properly to unit owr.ership. by the by1aw;; of the association of unit owne~, or by any rules or regulations thereunder. "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 01 the obligations
<br />imposed on Grantor 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 />Amendments. This Deed of Trust. together with any Aelated Documents, constitutes the entire understanding and agreement 01 the parties as to
<br />the matte~ set lorth in this Deed of Trust. NO alteration of or amendment to this Deed 01 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 01 Trust are lor convenience purposes only and are not to be used to interpret or define the
<br />provisions 01 this Deed of Trust.
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<br />Grantor's Copy of Documents. Lender agrees to provide Grantor with a conlormed 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 alter this Deed of Trust is recorded.
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<br />Merger. There shall be no merger 01 the interest or estate created by this Deed 01 Trust with any other interest or estate in the Property at any
<br />time held by or lor the benefit of Lender in any capacity, without the writ1en 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 01 Trust.
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<br />Severability. II a court of competent jurisdiction finds any provision 01 thiS Deed 01 Trust to be invalid or unenlorceable as to any person or
<br />circumstance, such finding shall not render that provision invalid or unenlorceable as to any other persons or circumstances. II 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 enlorceable.
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<br />Acknowledgment. Prior to the execution he,eof Grantor executed an acknowledgment stating that Grantor understandS that (a) this Deed 01
<br />Tru.st is a trust deed and not a mortgage and (b) the power 01 sale provided for in this Deed 01 Trust provides substantially different rights and
<br />obligations to Grantor than a mortgage in the event 01 default or breaCh of obligation.
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<br />Successors and Asslgns. SUbjec! 1C, the limitations stated in this Deed 01 Trust on transfer of Grantor's interest, this Deed of Trust shall be
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