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<br />8. Condemnation. A taking of property by any governmental authority by eminent domain is known as a
<br />"condemnation. " The proceeds of any award or claim for damages, direct or consequential, relating to any condemnation,
<br />conveyance or other taking of all or part of the Property, are hereby assigned and shall be paid to Merrill Lynch, subject to the terms of
<br />any mortgage, deed of trust or other security agreement which is prior to this Deed of Trust. We agree to execute whatever
<br />documents are required by the condemning authority to carry out this paragraph. Merrill Lynch shall have the authority to apply or
<br />release the condemnation proceeds or settle for those proceeds in the same ways as provided in this Deed of Trust for disposition or
<br />settlement of proceeds of Hazard insurance. No settlement for condemnation damages may be made without Merrill Lynch's prior
<br />written approval.
<br />9. Continuation of our Obligations and Merrill Lunch's Rights Extension of the time for payment, acceptance by
<br />Merrill Lynch of payments other than according to the terms of the Agreement, modification in payment terms of the sums secured by
<br />this Deed of Trust granted by Merrill Lynch to any of our successors or the waiver or failure to exercise any right granted in this
<br />Deed of Trust or under the Agreement shall not release, in any manner, our liability, or that of our successors in interest, or any
<br />guarantor or surety of our liability. Merrill Lynch shall not be required to start proceedings against such successor or refuse to
<br />extend time for payment or otherwise modify payment terms of the sums secured by this Deed of Trust by reason of any demand
<br />made by us or our successors.
<br />No act or failure to act of Merrill Lynch shall waive any of Merrill Lynch's rights or remedies under this Deed of Trust
<br />unless the waiver is in writing and signed by Merrill Lynch. Any waiver shall apply only to the extent specifically set forth in
<br />writing. A waiver as to one event shall not be a waiver as to any other event. Obtaining insurance or paying taxes, other liens or
<br />charges shall not be a waiver of Merrill Lynch's rights under this Deed of Trust to accelerate the maturity of the sums secured by
<br />this Deed of Trust in the event of a default under this Deed of Trust or the Agreement.
<br />10. Successors and Assigns Bound; Joint and Several Liability; Waivers; Co- Signers; Captions The agreements
<br />contained in this Deed of Trust shall bind, and the rights under this Deed of Trust shall extend to, the respective successors, heirs,
<br />legatees, devisees, administrators, executors and assigns of Merrill Lynch and us. All of the agreements made by us (or our
<br />successors, heirs, legatees, devisees, administrators, executors and assigns) shall be joint and several. This means that any one of us
<br />may be required to individually fulfill the agreements.
<br />We hereby expressly waive any rights or benefits of homestead, redemption, dower and /or curtesy which we may have
<br />under applicable law.
<br />Any person who co -signs this Deed of Trust, but does not execute the Agreement, (a) is co- signing this Deed of Trust
<br />only to grant and convey that person's interest in the Property to the Trustee under the lien and terms of this Deed of Trust and to
<br />release homestead, redemption, curtesy and /or dower rights, if any, (b) is not personally liable under the Agreement or under this
<br />Deed of Trust, and (c) agrees that Merrill Lynch and any of us may agree to extend, modify, forbear, or make any other
<br />accommodations with regard to the terms of this Deed of Trust or the Agreement, without the consent of the rest of us and without
<br />releasing the rest of us or modifying this Deed of Trust as to the interest of the rest of us in the Property.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to
<br />interpret or define its provisions. In this Deed of Trust, whenever the context so requires, the masculine gender includes the
<br />feminine and /or neuter, the singular number includes the plural, and the plural number includes the singular.
<br />11. Notices. Except where applicable law requires otherwise:
<br />(a) To give us any notice under this Deed of Trust, Merrill Lynch will hand deliver the notice to us, or mail the
<br />notice to us, by first class mail, or by registered or certified mail. Merrill Lynch will deliver or mail the notice to us at the address of
<br />the Property, or at any other address of which we have given Merrill Lynch written notice as provided in this paragraph;
<br />(b) To give the persons who sign the Agreement any notice under this Deed of Trust, Merrill Lynch will hand
<br />deliver the notice to such persons or mail the notice to such persons by first class mail, or by registered or certified mail. Merrill
<br />Lynch will deliver or mail the notice to such persons at the address indicated in the Agreement, or at any other address of which such
<br />persons have given Merrill Lynch such notice as provided in the Agreement; and
<br />(c) To give Merrill Lynch any notice under this Deed of Trust, we will mail the notice to Merrill Lynch by
<br />first class mail, or by registered or certified mail, at the address specified on the Account's most recent monthly billing statement for
<br />the receipt of such notices. We may also give Merrill Lynch such notice at any other address of which Merrill Lynch has given us
<br />written notice as provided in this paragraph.
<br />Except as otherwise provided in this Deed of Trust, any notice provided for in this Deed of Trust must be in writing and is
<br />considered given on the day it is delivered by hand or deposited in the U.S. mail, as provided above.
<br />12. Governing Law; Severability. Nebraska law applies to this Deed of Trust. This does not limit, however, the
<br />applicability of federal law to this Deed of Trust. If any provision of this Deed of Trust is held to be invalid, illegal, or
<br />unenforceable by any court, that provision shall be deleted from this Deed of Trust and the balance of this Deed of Trust shall be
<br />interpreted as if the deleted provision never existed.
<br />13. Our Copy. We shall receive a copy of this Deed of Trust at the time it is signed or after this Deed of Trust is
<br />recorded.
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