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<br />88- 105000 <br />waste or parmlllmpalrmonl 01 detorlOratlon oltho Ploper'v; BmJ Cd) tully Bnd promptly comply wIth tho provlslona of any 10000 If this Deod of <br />Trusl 15 on a IOBsohold. <br />It this Dood or Trustla on D unllln 0 condominIum project or 0 plannod unit development, we shall promptly perform 011 of our obligations <br />under (ho declaration or convonools crDDllng or Dovernlng tho condominium project or planned unit development. and the by-laws, <br />regulallons and other documents olthe condominium prolect or planned unit aevelopment. including Bny amendments. If acondomlnlum or <br />planned unit development rider Is executed by us and recorded togelherwllh this Deed 01 Trust, the covenants and agreements of that rider <br />shall become a par1 01 this Deed of Trust as If the rider were Included In this document itself, <br />5, PROTECTION OF FIRST FEDERAL LINCOLN'S SECURITY, We oholloppeBr In snd defend Bnyecllon or proceeding purporting toeffscl <br />the security of this Deed of Trust or tho rights or powers of First Federalllncoln undar this Deed of Trust. <br />Itwelalltodowhat is required of LIS In this Deed of Trust orthe persons who sign the Agreementlall todowhat Is required of them under the <br />Agreement, or If any action or proceeding Is commenced naming First Federal Lincoln asa party orattectlng Firat Federal Lincoln's Interest In <br />the Property or the rights or powers of First Federal Lincoln orTrustee, then First Federal Lincoln orTrusteewlthout demand upon U8 but upon <br />notice to us as provided In paragraph 11 below, may, withoul releasing us from any obligation under the Deed of Trust, do whatever First <br />Federal Lincoln or Trustee believes Is necessary, Including any disbursement 01 funds, to protect the security of this Deed of Trust. <br />It First Federal Lincoln has required mortgage Insurance as a condition of opening the Account, we shall pay the promlums required to <br />maintain that insurance in eUecl until It if; no longer required by First Federal Lincoln or applicable law. <br />Any amounts disbursed by First Federal Lincoln or Trustee pursuant to this paragraph, with Interest at the variable Interest rate In errect <br />under the Agreement from tlmetoUme. shall be paid by us and are secured by this Deed ofTrus!. Unless we agree, In writing, with First Federal <br />Lincoln to other terms of payment, such amounts shall be payable upon request 01 First Federal Lincoln, Neither First Federal Lincoln or <br />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 <br />obligation In this Deed of Trusl. <br />a.INSPECTION. First Federal Lincoln may make orcause to be made reasonable entries upon and Inspecllons of the Property. Unless It is <br />an emergency, First Federal Lincoln shall give us notice (see paragraph 11 below) prior to an Inspection specifying reasonable cause fort he <br />inspection. <br />7. CONDEMNATION, A taking 01 property by any governmental authority by eminent domain Is known asa"condemnatlon", The proceeds <br />01 any award or claim for damages, direct or consequential, relating 10 any condemnation, conveyance or other taking 0' all or part of the <br />Property, are hereby assigned and shall be paid to First Federal Lincoln, subject to the terms of any mortgage, deed of trust or others8curlty <br />agreement which is prIor to this Deed of Trust. We agree to execute whatever documents are reqUired by the condemnation authority to carry <br />out this paragraph. First Federal Lincoln shall have the authority to apply or release the comdemnation proceeds or settle forthose proceeds <br />In .the 5ame way as provided in thIs Deed of Trust for disposition or seltlement 01 proceeds 01 Hazard Insurance, No settlement from <br />condemnation damages may be made without First Federal Lincoln's prior written approval, <br />8, CONTINUATION OF OUR OBLIGATIONS AND FIRST FEDERAL LINCOLN'S RIGHTS. Extension of time lor payment, acceptance by <br />First Federal Lincoln of payments other than according to the terms of the Agreement, modification in paymenlterms 01 the sums secured by <br />this Deed at Trust granted by First Federal Lincoln toany at our successors or the waiver or failure to exercise any right granted In 1hls Deed of <br />Trust or under the Agreement shall nol release, In any manner, our liability, or that of our successors in interest, or any guarantor or surety of <br />our liability. First Federal Lincoln shall nol be required to starl proceedings against such successor or ref'lse to extend time for payment or <br />otherwise modify payment terms of the sums secured by this Deed 01 Trust by reason of any demand made by us and our successors. <br />No act or failure to act of First Federal Lincoln shall waive any of First Federal Lincoln's rights or remedies under Ihls Deed of Trust unless <br />the waiver is In writing and signed by First Federal Lincoln. Anywaiver shall apply only to the extent specificallysel forth in the writing, A waiver <br />as 10 one event shall not be a waiver as to any other event. Obtaining insurance, or paying laxes, 01 her liens or charges shall not be a waiverol <br />First Federal Lincoln's right under this Deed 01 Trust 10 accelerate the maturity 01 the sums secured by this Deed of Trust in the event 01 a <br />defaulI under this Deed 01 Trust or the Agreement. <br />9. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; CO'SIGNERS; CAPTIONS, The BgreemenlscontBlned In this <br />Deed of Trusl shall oind. and the rights under this Deed 01 Trust shall extend to, Ihe respecllve successors, heirs, legalees, devisees, <br />admini5trator5, executors and BS5ign5 of First Federal Lincoln and us. All of the agreements made by us lor our successors. heirs, legatees, <br />devisees, administrators, executors and assigns) shall be jOint and several. ThIS means that anyone 01 us may be required to individually lulfill <br />the agreements, <br />Any person who co-signs Ihis Deed 01 Trust. bul does not execute the Agreement, (a) is co-slgmng this Deed of Trust only to grant and <br />convey that person's interest In the Property to the Trustee under the lien and terms of this Deed of Trust and 10 release homestead, curtesy <br />and/or dower rights, it any, {b} is not personally liable under the Agreement or under this Deed 01 Trust, andlc) agrees that First Federal Lincoln <br />and any of us may agree to extend. modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust at the <br />Agreement, without theconsent of the rest of us and without releasing the rest 01 us or modifying this Deed of Trust as to the Interestol the rest <br />of us in the Property. <br />The captions and headings 01 the paragraphs 01 thIs Deed of Trusl are lor convenience only and are not to be used to interpret ordefine its <br />provisions. In this Dead at Trust, whenever the context so requires, the masculine gender includes the feminIne and/or neuter, and the <br />singular number includes the plural. <br />10, NOTICES. Except where applicable law requires otherwise: <br />(a) To gIve us any nollce under thIS Deed of Trust, First Federal Lincoln will hand deliver the notice to us, or mall the notice to us, by first <br />class mail, or by registered or certified mall. First Federal Lincoln will deliver or mail the notice to us at the address of the Property, or at any <br />other address of which we have given Firsl Federal Lincoln written notice as provided in this paragraph; <br />(b) To give the persons who sign the Agreement any notice under this Deed of Trust. First Federal Lincoln will hand deliver the notice to <br />such persons or mall the notice to such persons by first class mail, or by registered or certified mail. First Federallincoln will deliverormallthe <br />notice to such persons at the address indicated in the Agreement, or at any other address 01 which such persons have given First Federal <br />Lincoln such notice as provided in the Agreement; and <br />(cl To give First Federal Lincoln any nolice under this Deed 01 Trust, we will mail the notice to First Federal Lincoln by first class mail, or by <br />registered or certified mail, al the address specified on theAccount.s most recent monthly billing statement forthe receipt 01 such notices, We <br />may also give First Federal Lincoln such nolice at any other address 01 which First Federal Lincoln has given us written notice as provided in <br />this paragraph, <br />Except as olherwise provided In this Deed 01 Trust, any notice provided for In Ihis Deed of Trust must be in wrlling and is considered given <br />on the day it is delivered by hand or deposited in the U.S. Mail. as provided above. <br />11. GOVERNING LAW; SEVERABILITY. Nebraska law applies to this Deed of Trus!. Thisdoes not limit, however, the applicability of federal <br />law to this Deed of Trust. II any prOVision of this Deed of Trust is held to be Invalid, illegal. or unenforceable by any court, that provision shall be <br />deleted from this Deed 01 Trust and the balance of this Deed of Trust shall be interpreted as II the deleted provision never existed. <br />12. OUR COPY. We shall receive a copy 01 this Deed 01 Trust at the time it is signed or alter this Deed of Trust is recorded. <br />13. EXERCISING REMEDIES. First Federal Lincoln may exerCise all 01 the rights and remedies provided in this Deed of Trust and in the <br />Agreement, or which may be available to First Federal Lincoln by law, and any of these righls anr1 remedies may be exercised individually, or <br />they may be exercised togelher, at First Federal Lincoln's sole discretion, and may be exercised as often as the right 10 do so occurs. <br />14, EVENTS OF OEFAULT, <br />i"') Notice and Grace Period. An Event of Default will occur without a grace period or opportunity to cure, or, in some cas'es, after a grace <br />pariot.:. II there is no grace period, the Event of Default Will occur immediately upon First Federal Lincoln giving notice to us and 10 the persons <br />who sign :"e Agreement(see paragraph 10 above) 01 the Violation of event (except for bankruptcy filing by us or by any person who SIgns the <br />Agreement, r;"i described in paragraph \4(b) below, which shall be an Event of Default automatically and without notice) <br />If a grace peri~d exists, the Event of Default will occur upon the expiration of the applicable grace period, after First Federal Lincoln gives <br />nollce to us and to li~q persons who sign the Agreement (soe paragraph 10 above) of the violation or event and the grace period, and IA)the <br />viola1ion or event is no .:'lJred or corrected within the applicable grace period and (8) First Federal Lincoln has nol been provIded wilh <br />e'lidence, reasonably sa1isla~!QfY to First Federal Lincoln, before the expi.-ation 01 the applicable grace period, that the violalion orevent has <br />been cured or corrected. <br />II there isagrace period, It will begin 11"t::"11 on Ihe day alter the notice is given, and expIre at 11 :59 p.m., Central time, on the last day 01 the <br />period. All grace periods are expressed in calem.ici: tlays, not business days. <br />Any notice required by the subparagraph shall contain ,~q tollowing information: Ii) the nature of the violation or event; (II) Ihe action, if any, <br />required or permitted to cure such violation or correct the even.; niillhe applicable grace period, if any, during which such vlolallon or evenl <br />must be cured or corrected: and tiv) whether fallure to cure such vioi.:tion or correct such event within the specified grace period, if any, will <br />result in acceleration of the sums secured by this Deed at Trust and Ihe pl.bmtlal sale 01 the Property. The notice shall further mform us 01 the <br />right. if any. under applicable law, to reinstale the Account alter acceleratic..i' <br />(b) Events of Delault. Listed below are violations or other events which either cC'.,stitute Events at Default under thIS Deod of Trust Without <br />a grac~ period or opportunity to cure, or which, after a grace period, constltuto Even:.. 01 Default under this Deed 01 Trust ApplIcable grace <br />periods are set forth in parentheses after each violation or evenl The violations and e...~nts are: <br />(A) The persons who sign the Agreement fall 10 make payments due under the Credit DOI..:lments on tIme lthlrty (30) day grace penod). or <br />(BI The persons who sign the Agreement lalllo keep lhe promises made in paragraph C 0: the Agreement (no grace penod), or <br />fC) First Federal Lincoln receives actual knowledge thatlhe persons who Sign the Agreement ha~-q(l) omitted malenal mformatlon horn. or <br />In connection wl1h, their credit application orlll) made any false or misleading statemenls on, or In conr,':-Cllon wllh, theIr credit application (m <br />each case, no grace peflod); or <br />(D) Wi1hout 1he pnor wllllen consent 01 First Federal Lincoln, (I) we, or any person who Signs the Agroernun!. ,;:."oe 10 sell. !ro1nslel or assIgn <br />Ihe Property or any interest in the Property, (Illlho Proporty or any Intoreslln the Property IS sold. lIansfUlod. 01 a~:<IQf\lHt llr 11I11 ill1\, grounlJ <br />leases aUecllng the Properly are amended or lerminated (In each caso, no graco POlIOd), or <br />IEl Thore Isdelautt or an action is flied alleging a default under any ground leasos nllec1lnU Ihe PropOIty or undor any l:r,;-,hllns!rutnunl or <br />2 <br />