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r 88- 10GOOO deed 0' !rusl ovidonclng or socunng on obllgollon wllh priorUy In nghl 01 payment ovor this DODd 01 Trust or tho Agreement, or whoso lion hOB or appears to have any priority ovor the lien created by lhls ODed 01 Trust: or any other creditor trIes to lor dODS) Belzo or obtain 0 wrll of altaehmen' against the Property Iln 8ach case. no grace periOd): or (F) We, al.oy perllon who signs 1heAgreemenl, make an assignment lor the benefit at Duror such person's creditors, become Insolvent or become unable 10 meet our Of ouch person's obllgallons generally as they become due lno grace period); or IG) The persons who sign the Agreement fall to return tho checks and credit cardiel issued under Ihe Agreement when requIred by Ihe terms of Ihe Agreementlno grace period); or (H) Any person who signs the Agreement obtains or attempts to oblaln sums under the Accounlln excess of Ihe credit available under the Account, as pr":)vlded In the Agreemenl (no grece period); or (I) We. or any person who signs the Agreement, tall to keep any agreement contained In any of the Credit Documents not otherwise specified In this paragraph 14, or any of the representallons contained in the Credit Documents Is incorrect lten f1 OJ day grace period, unless the failure Is by its nature not curable, In which case no grace period or, 01 another grace period Is specIfied In the Credit Documents, that grace period shall prevalij, 15. REMEDIES. First Federal LlncQln has certam rig his under Ihe Credit Documents to la) cancel the right of the person"s signing the ARreement to any future adwances under the Account without reQuiring accelerated repayment of any amounts outstanding under the Account (thaI Is, "freeze" the Account); or (bl not only cancel the right to future advances but also reQuire accelerated repayment of the amounts oUlste.ndlng under1he account, plus the enlire accrued mteresl. and other charges Imposed on the Account (thai Is, "termlnale" the Account), The Account Is automatically terminated upon the occurrence 01 an Event of Default (see paragraph 14 above), unless First Federal lincoln expressly states. in the notice given under paragraph 14(8) above, that the Accounl is Irozen. In addition. despite any other terms of the Credll Documents. First Federal LIncoln may freeze the Account immediately upon the occurrence of any violation or other event specilled in paragraph 1 41b) above, even if the grace period, If any. has not expired, First Federal Lincoln enn take this action Without giVing us nolice and withoul declaring the violation or other event an Event 01 Default. If First Federal Lincoln freezes the Account pursuanl to this paragraph ~ather than terminates it, we will not be obligated to repay the amounts outstanding under the Account until the dale such amounts are due. as specified in the Agreement. If First Federal Lincoln telmlnates the Account pursuant to this paragraph 15, rather than merely Ireezes it, the amounts outstanding under the Accounl and any other amounts outstanding under the Credit Documenls are Immediately due and payable in full and we will be reqUIred 10 immediately repay such amounts plus the entire accrued interest late charges and olher charges imposed on the Account. If we do not do so. First Federal Lincoln will have the right to invoke any remedygl'lIen il by any or the Credit Documents, or any other remedy-available to First Federal Lincoln under applicable law. This Includes, wltnoutlimltatlon, Invokmg the power 01 sale under this Deed of Trust. First Foderal Lincoln shall be entitled to collect all reBsoneble costs and e.xpenses incurred in pursuing the remedies provided in this paragraph 15, including. but not Iimlled to, reasonable allorney's fees and trustee fees of not more than au 01 sale price. If First Federalllncoln rreezes the Ac.count pursuant 10 Ihls paragraph 15. FlrSI Federal Lincoln may stllllerminale the Account lor any reason at a later date in accordance with thiS paragraph 15 If First Federal Lincoln freezes or terminates the Account pursuanllo thiS paragraph 15, all credit cardlsl and unused checks obtained in connection with lheAccount must be Immedlalely mailed 10 Flrsl Federal LIncoln (see paragraph 10 above)" In any event. once First Federal Lincoln treezes or terminates the Account under this paragraph 15, the persons w""o sign the Agreement will no longer have any right to obtain additional advances under the Account. II First Federal Lincoln invokes the powerol sale under thiS Deed 01 Trust. Flrsl Federar Lincoln shall execute or cause Trustee to execute a written nolice specifying, without limltallon, the follOWing: (althe occurrence and nature of an Event of Oelaul1; (bJ First Federal Lincoln's election to accelerate the debl evidenced by the Agreement and 10 cause the Property to be sold: and leI our r.ighl, il any, undeiappticable law, to reinstate the Account and avoid sale of the Property. First Federal Lincoln shalt cause such notice to be recorded In each county In which the Property or some part thereof Is localed. and shall have copies 01 such notIce mailed to the persons and In Ihe manner prescnbed by applicable law. If we are permitled, under applicable law. but fall to reinstate In accordance With Ihe terms of the notice required above In thiS paragraph 15. or II we are not permitted to so reinstate. Trustee shall gIve publiC notice 01 sale of Ihe Property to the persons and in the manner prescribed by applicable law. Atter the lapse of such tIme as may be reqUITed by applicable law. and our failure to redeem the Property by paying to First Federallincoln all sums secured by this Deed 01 Trust together With all costs and expenses Incurred by First Federallincoln and for which It Is entitled to reimbursement. under applicable law, Trustee shall. Without lurther demand on or notice to us, sell the Properly at public auction to the highest bidder at the time and place and under the terms deSignated in lhe publIC notice 01 sale in one or more parcels and in such order as Trustee may del ermine, Trustee may postpone sale 01 aU or any parcel oltha Property by pUbhe announcement nt the time and place at any previously scheduled sale and from time to time thereafter may postpone such sale by pubhc announcement al the lime fixed by the preceding postponement m the manner prescribed by appl1cable law Fits! Federal llncaln or First Federal Lincoln's deSignee may purchase the Properly at any sale. Trustee shall deliver to the purchaser a Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima faCie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order. IAI to all reasonable costs and expenses of the sale, including, but not limited to, reasonable trustee's and attorneys'lees and costs of title evidence. all as and to the extent permItted by applicable law: (B) to all sums secLlred payable pursuant 10 paragraphs 5 and 25 of thiS Deed 01 Trust; (el to mterest payable under the Agreement: (Dl to other charges under Ihe Agreement; (E) to the principal payable under the Agreement; and (F) lhe excess, If any. to the person or persons legally entitled thereto. 16. OUR RIGHT TO REtNSTATE. Regardless 01 Flrsl Federal Lincoln's accelerallon 01 the sums secured by this Deed 01 Trust. we shall have the righl. if permltled under applicable law, to receive lrom Trustee a cancellallon 01 Notice 01 Default If WIthin one month of the Illlng 01 such Notice of Default pursuant 10 paragraph 1 5 above: la) we pay FIrst Federal Lincoln all sums whIch would be then due under thlsDeed of Trust and theAgreemenl, if any. had no acceleration occurred; lb) we cure all of our breaches 01 any other covenants or agreements contained in this Deed of Trust;(c) we pay, as permitted by law, all reasonable expenses Incurred by First Federallincoln and Trustee in enforCing our covenants and agreements contained In this Deed at Trust and in entorclnQ Flrsl Federal Lincoln's and Trustee's remedies as provided In paragraph 15 of this Deed of Trust, including, but not limited to. reasonable allorney's lees; and (bl we take such action as First Federal Lincoln may reasonably require to assure that the lien of the Deed 01 Trust, First Federal LIncoln's Inlerest In the Properly and our obligations to pay the sums secured by this Deed at Trusl shall continue uOlmpaned. Upon such payment and cure by us, thiS Deed of Trust and the obligations secured by this Deed of Trust shall remain in full force and ell eel as ,t no acceleration had occurred 17, ASSIGNMENT OF RENTS: APPOINTMENT OF RECEIVER: FIRST FEDERAL LINCOLN IN POSSESSION, As add",ona' sac",Hy, we hereby assign to First Federal Lincoln the rents at the Property, provided Ihal pnor to acceleration under paragraph 15 above or the occurrence of an Event of Default or abandonment 01 the Property, we shall have the right to collect and retain suc.;h renls as they become due and payable. In any action to invoke the power 01 sale under this Deed of Trust. FlTst Federal Lmcoln shall be entitled to the apPointment 01 a receiyer. Upon acceleration under paragraph 15 above, or abandonment at the Property, FlTst Federal Uncoln, at any time and wilhout notice, In person. by agent orby judicially appointed receiver, and without regard to or proof at either(al depreCIation 01 the value of the Propertyor(bl the insolvency of any person who signs the Agreement or(c) the value 01 the Property or(rJl the adequacy 01 any secuTlty lor Ihe Indebtedness secured by this Deed of Trust. shall be entitled to enter upon, take possession 01, and manage the Property, and m its own name sue for at ~lIecl the rents 01 the Property, inclut\ing those past due. A:! rents collected by First Federal Lincoln or the receiver shall be applied Ilrstlo payment of the costs 01 operatIon and management 01 the Propen,' and collection at rents, including, but notlimiled to, receiver's fees, premiums on receiver's bonds and reasonable allorney's tees. and then tLo the sums secured by this Deed of Trust. First Federal Lincoln and the receIver shall be liable to account only lor lhose rents actually receiv~d Theenlering up~o and laking posseSSion of the Property and the collectIon and application 01 the rents shall not cure or waNe any Event 01 Default or notice of a ..111lallon under this Deed of Trust or invalidate any acl done pursuant to such nollce We will not. without the ,"-'rilten consent of First Federallincoln. receive or collect renl ham any tenant 01 all. at any pari 01. the Property for a period 01 more than one mOh:~ in advance, and in the even I of any defaull under thiS Deed 01 Trust Will pay monthly In advance to FIrst Federal Lincoln, or 10 any receiver a~~lnled to collect said rents, Issues and profllS, the lair and reasonable rental value 101 the use and occupation of Ihe Property or that part of the ~.~,erty in our posseSSion, and upon default In any such payment WIll vacale and surrender the possession of the Property to First Federal Lincoln 0, !~ sLlch receiver. and may be evicted by summary proceedings 18. TRU5TEE'SACTION. At any time. without liabillty and ~;!"'out notice. upon wrItten reQuest 01 First Federal LInColn and us. Truslee may consent to the making of any map or plat of the Property, Join in g;:>ntlng nny easemenl on the P,ocert..., lOin In any subordmallon or other agreement aHectlng this Deed 01 Trust, or reconvey, without warrant!t. qll or Dny pari 01 the Property 19. RECONVEYANCE. Upon payment of all sums secured by this Deed D~ Trust. the lullillmenl of all obligations undellhe Agreemenl ilno termination of the Account. First Federal lincoln shall reQuesl Trustee to roconvb',' the Property and shp-II SUHunder thl!oj Deed of Trust and lhe Agreement to Trustee. Trustee shall cancellhe Agreement and reconlley the Pro,-,:-"rty wlthoul warranty to The persnn 01 Pt:'I:;(lI1S If!~lilll~' entifled thereto. Such person or persons shall pay all costs 01 recordation. d any 20, SUBSTITUTE TRUSTEE. Flfs1 Federalllncoln at FITst Federal llncoln s option. may ~'om lime 10 tUlle Hmll)VI~ 1 l\l5h:l~ ilnlj apPLlInl i\ successor trus.tee to any Trustee appointed under this Deed 01 Trust by an Inslrument e.ecult:.1 and acknowledgt. 1:1... Flr!>t r...d'_'!i\ll ,nCDI" and recorded in the county where the Property Of somB par1 Thereol 15 10caWd!n thl:.' manner jJrl'~,"',bt.tJ IIi dPpln;dl'II' I,m r '11' ",',lru'llc'll shallconlalnournamesandthe nameol FlTst Federalllncolnnndthe onglnal TpJstue the book and pay~'" ....hwt..1I1IS Dm'd "t 1 I ll~l .', 'l'\ '-"tiNI and the name andaddres!I of Ihe&uccessot .rusleo Uponcompilancu Wllh appltcable law the 5\1ccp.ssur Ir,."II-'I' ~,Ildl, .\ ,j'hlut, n,....I'" ~~ I Ihe Property, succeed to all tho 11110, aslate, powors and dulles conl(.'fted upon lh(. T 'ustef! In Ihl~ DtH~iJ 01 1 r.....l .I"llll, ,Il'l"" It"., '.1.\ 1 I, ' prOCOdurefot substllutlon of trustee uponcomphance wIlhap;JllcalJlu la"" Shillll,JO~I~JI' 10 thl' t>.clU!;l{lI1 \11 all,'!hl" I 21 REQUEST FOR NOTICES flrsl Fudoral Lmcoln rCQue5151hlll COpIlH> 01 rluTu.:.....~ "I dl~l,l"ll dfH1 ~.III. !I., " prlont.,. ave' (hiS Deed 01 Trufll be sontlo FlfSl Fedoral Lmcoln ill PO Bo. r.;',. J C'llld"il ~H" "M 1, ll-