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I r 88-101496 waste or permit impairment or deterioration of the Property; and (d) fully and promptly comply with Ihe provisions 01 any lease ilthis Deed 01 Trust is on a leasehold. II this Deed 01 Trust is on a unit in a condominium project or a planned unit development, we shall promptly perform all 01 our obligations under the declaration or convenants creating or governing the condominium project or planned unit development, and the by-laws, regulations and other documents olthe condominium project or planned unit development, including any amendments. II a condominium or planned unit development rider is executed by us and recorded together wilh this Deed 01 Trust, the covenants and agreements 01 that rider shall become a part 01 this Deed 01 Trust as il the rider were included in this document itself. 5. PROTECTION OF FIRST FEDERAL LINCOLN'S SECURITY. We shall appear in and defend any action or proceeding purporting to affect the security 01 this Deed 01 Trust or the rights or powers 01 First Federal Lincoln under this Deed 01 Trust. II we fail to do what is required of us in this Deed 01 Trust or the persons who sign IheAgreement lail todowhal is required 01 them under Ihe Agreement, or il any action or proceeding is commenced naming First Federal Lincoln as a party or alfecting First Federal Lincoln's interest in the Property or the rights or powers of First Federal Lincoln or Trustee, then First Federal Lincoln or Trustee without demand upon us bllt upon notice to us as provided in paragraph 11 below, may, without releasing us Irom any obligation under the Deed of Trust, do whatever First Federal Lincoln or Trustee believes is necessary, including any disbursement ollundS, to protect the security 01 this Deed of Trust. " Firsl Federal Lincoln has required mortgage insurance as a condition 01 opening the Account, we shall pay the premiums required to maintain that insurance in effect until it is no longer required by First Federallincoln or applicable law. Any amounts disbursed by First Federal Lincoln or Trustee pursuant to this paragraph, with interesl at the variable interest rate in effect under the Agreement Irom time to time, shall be paid by us and arc secured by this Deed of Trust. Unless we agree, in writing, with First Federal Lincoln to other terms 01 payment, such amounts shall be payable upon request of First Federal Lincoln, Neither First Federal linColn or Trustee are ever required to incur any expense to take any action under this Deed of Trust and any action taken shall not release us from any obligation in this Deed 01 Trusl. 6. INSPECTION. First Federallincoln may make or cause to be made reasonable entries upon and inspections of the Property. Unless it is an emergency, First Federallincoln sha!1 give us notice (see paragraph 11 below) prior to an inspection specifying reasonable cause for the inspection. 7 ' CONDEMNATION, A laking 01 property by any governmental authority by eminent domain is known as a "condemnation". The proceeds 01 any award or claim lor damages, direct or consequential. relating to any condemnation, conveyance or other taking of all or part of the Property, are hereby assigned and shall be paid to First Federal lincoln, subject to the terms of any mortgage, deed of trust or other security agreement which is prior to this Deed 01 Trust. We agree to execute whatever documents are required by the condemnation authority to carry out this paragraph, First Federal Lmcoln shall have the authority to apply or release the comdemnalion proceeds or settle forthose proceeds in the same way as provided in this Deed of Trust lor disposition or settlement 01 proceeds of Hazard insurance, No settlement from condemnation damages may be made without First Federal Lincoln's prior written approval. 8. CONTINUATION OF OUR OBLIGATIONS AND FIRST FEDERAL LINCOLN'S RIGHTS. Extension 01 time for payment, acceptance by First Federal Lincoln 01 payments other than according to the terms of the Agreement, modification in payment terms of the sums secured by Ihis Deed 01 Trust granted by First Federallincoln to any 01 our successors or the waiver or lailure to exercise any right granted in this Oeed 01 Trust or under the Agreement shall not release. in any manner, our liability. or that of our successors in interest, or any guarantor or surety 01 our liability, Fllsl Federallincoln shall not be required to start proceedings against such successor or reluse to extend time for payment or olherwise modify payment terms 01 the sums secured by this Deed 01 Trust by reason of any demand made by us and our successors. No act or failure to act 01 First Federal Lincoln shall waive any of First Federal Lincoln's rights or remedies under this Deed 01 Trust unless the waiver IS in writing and signed by First Federal Lincoln. Any waiver shall apply only to the exlent specifically set forth in the writing. A waiver as toone event shall not be a waiver as to any other event. Obtaining insurance, or paying taxes. other liens or charges shall not be a waiver of First Federal Lincoln's right under this Deed 01 Trust 10 accelerate the maturity of the sums secured by this Deed of Trust in the event of a delault under this Deed 01 Trust or the Agreement. 9. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; CO-SIGNERS; CAPTIONS. The agreements contained in this Deed 01 Trusl shall bind, and the lights under this Deed 01 Trust shall extend to, the respective successors, heirs, legatees, devisees, administrators. executors and assigns of First Federallincoln and us. All 01 the agreements made by us (or our successors. heirs, legatees, devisees. administrators, executors and assigns) shall be jomt and several. This means that anyone of us may be required to individually lull ill the agreements Any person who co-signs this Deed of Trusl, but does not execute the Agreement. (a) is co-signing thiS Deed 01 Trust only to grant and convey that person's interest in the Property to the Trustee under the lien and terms of this Deed 01 Trust and to release homestead, curtesy and/or dower rights, il any, (b) is not personally liable londerthe Agreement or under this Deed of Trust, and(c) agrees that First Federal Uncoln and any of us may agree to extend, mOdily, forbear, or make any other accommodations with regard to the terms 01 this Deed of Trust of the Agreement, without the consent olthe rest 01 us and without releasi,lg the rest of us or mOdilymg tnis Deed of Trust as to the interest Of the rest of us 10 the Property, The captions and headings of the paragraph~ of this Deed 01 Trust are for convenience only and are not to be used to interpret or define its provisions, In Ihis Dtlad of Trust, whenever the context so requires. the masculine gender includes Ihe feminine and/or neuter, and the singular number includes the plural. 10, NOTICES. Except where applicable law reqUires otherwise: (a) To give us any notice under this Deed of Trust. First Federal Lincoln will hand deliver the notice to us, or mail the notice to us, bylirst class mail, or by registered or certilied mail. Filst Federallincoln will deliver or mail the notice to us at the address 01 the Property. or at any other address 01 which we have given First Federal Lincoln wrillen notice as provided in this paragraph; (b) To give the persons who Sign the Agreement any notice under this Deed 01 Trust, First Federal Lincotn will hand deliver the notice to such persons or mail the notice to such persons by Ilrst class mail, or by registered orcertified mail. First Federal Lincoln will deliver or mail the notice to such persons at the address indicated in the Agreement, or at any other address of which such persons have given First Federal Lincoln such notice as provided In the Agreement; and (c) To give First Federal Lincoln any notice under this Deed 01 Trust, we will mail the notice to First Federal Lincoln by first class mail, or by registered or certified mail. at the address specified on the Account's most recent monthly billing statement for the receipt of such nolices. We may also give First Federal Lincoln such notice at ..ny other address 01 which First Federal Lincoln has given us wrillen notice as provided in this paragraph, Except as otherwise provided in this Deed of Trust, any notice provided for in this Deed of Trust must be in writing and is considered given on the day it is delivered by hand or deposiled in the U,S. Mail, as provided above. 11. GOVERNING LAW; SEVERABILITY, Nebraska law applies to this Deed 01 Trust. This does not limit, howeller, the applicability of federal law to this Deed 01 Trust. " any provision 01 this Deed of Trust is held to be invalid, illegal. or unenforceable by any court, that provision shall be deleted Irom this Deed 01 Trust and the balance of this Deed of Trust shall be interpreted as il the deleted provision never existed, 12. OUR COPY, We shall receive a copy of this Deed 01 Trust at the lime it is signed or alter this Deed 01 Trust is recorded, 13, EXERCISING REMEDIES, First Federal Lincoln may exercise all of the rights and remedies provided in this Deed 01 Trust and in the Agreement, or which may be available to First Federal Lincoln by law, and any 01 these rights and remedies may be exercised individuaUy, or they may be exercised together, at First Federal Lincoln's sole discretion, and may be exerCised as olten as the right to do so occurs, 14 EVENTS OF DEFAULT, (a) Notice and Grace Period. An Event 01 Default will occur without a grace period or opportunity to cure, or, in some cases, alter a grace period,(f there is nograce period, the Event of Default will occur Immediately upon First Federallincoln giving notice to us and tothe persons who sign the Agreement (see paragraph 10 above) of the violation of event (except for bankruptcy liling by us or by any person whl) signs the Agreement, as described in paragraph 14(b) below, which shall be an Event 01 Default automatically and without notice). II a grace period exists, the Event 01 Delault Will occur upon the expiration of the applicable grace period. alter First Federal Lincorn gives notice to us and to the persons who sign the Agreementlsee paragraph 10 above) of the VIolation or event and the grace period, and (A) the violation or event is no cured or corrected within the applicable grace period and (S) First Federal Lincoln has nol been provided with eVidence, reasonably sahslactory to First Federal Lincoln, before the expiration 01 the apphcable grace period, that the violation or event has been cured or corrected. If there is a grace period. it will begin to run on the day alter the notice is given. and expire at 1 1 :59 p_m" Central time, on the last day of the period, All grace periOds are expressed in calendar days, not busmess days, Any notice reqUired by lhe subparagraph shall contain the following information: (il the nature of the viola lion or event; tiilthe aelion, il any, required or permilled to cure such violation or correct the event; (ii~ the applicable grace pellod, If any. dUllng which such violatIon or event must be cured or cormcted; and (IV) whether failure 10 cure su-;h violation or correct sllch event within the specified grace period, il any, will result in acceleration ollha sums secured by this Deed 01 Trust and the potential sale of the Properly, The notice shalllurther tnlorm us 01 the right, il any, under applicable law, to reinstate the Account alter acceleration, (b) Events 01 Delaul!. Listed below are violations or other events which either constitute Events of Default under thiS Deeo 01 Trust without a grace period or opportunity to cure, or which, aller a grace period, constitute Events 01 Default under Ihis Deed 01 Trust, Applicable grace periods are sellorlh in parentheses alter each violation or event. The Violations and events are: (A) The persons who sign the Agreement fail 10 make payments due under the Credit Documents on time (ttmty {3D} day grace periOd); or (Sj The persons who sign the Agreement fail to keep the promises made in paragraph C of the Agreement (nO grace period), or (CI FirSI Fedoral Lincoln recmves actual knowledge thatlhe persons who sign the Agreement have(i) omitted materlallnlornmhOn from. Of In connecllon wlth.thoir credit application orOI) made any false or misleading statoments on. Of In connechon with. lhelf cred,t application lin rwel, CASU, no gracu porlodj, or IDI ""thoul !Iw prior Wf ,Iton consent ot F,rst r odellll LlIlcoln. lij we. or any nerson who signs tho Agreement, agree 10 sell, lransfel or asslgl1 Ille I'IOP(Hly or ilny inlH'osl in tho P'operty, Iii) the PrOperly 01 any "ltefoSI ,n the: Propcrty IS sold, transle'I'd, or aSSIgned, or (ili) llny OtOurl<l IHasos afleclinu lhe Properly are amondod 01 IntlrllrHlted (In ouch cnse, no orace purio,ll. <)I If) Tholn 15 defAult 01 fin aClton Is !Hod allC\lltlg 11 delnull IIndur nny ~)r(JlJIl(j hlllS!!5 1I1loclong Ihe Properly or un(jo, 311\' Cllld,t i,nstru,rnenl or I " "