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<br />88-105728
<br />wasle 01 PlJrmlllmpairmcnl or deteriorallon of the Property, and IdllullV and pramplly comply with 1110 provIsions of any lease If this Deed Dr
<br />TrustlS on a leasehold.
<br />It this Deed 01 Trust Is on a unit I" n condominium project or a planned unit development, we shall promptly perform all 01 our obligations
<br />under the declaraUon or convenanls creating or governing the condominium projecl or planned unit development, and the by-laws,
<br />regulations and other documents 01 the condominium project Dr planned unit development, Including anv amendments. II Bcondomlnlum or
<br />planned unit development rider Is executed by us and recorded togetherwllh this Deed of Trusl, the covenants and agreements 01 that rider
<br />shall become B part of this Deed 01 Trust as II the rider were Included In this document IIsell.
<br />5. PROTECTION OF FIRST FEDERAL LINCOLN'S SECURITY. We shall appear In and defend any acllon or proceeding purporting to affect
<br />the securily of thIs Deed of Trust or the rights or powers of First Federal Lincoln under this Deed 01 Trust
<br />Ifwo fall 10 do what is required of us In this Deed of Trust or the persons who sIgn the Agreement fail to do what Is required of them underthe
<br />Agreement. or lIanyactlon or proceeding Is commenced naming First Federal Uncoln as B party Dr affecting Firat Federal Lincoln's interest In
<br />Ihe PropertYOrlhe rights or powers of First Federal L1ncolnorTrustee, then First Federal Lincoln orTrusteewlthout demand upon usbut upon
<br />Malice to us as provided In paragraph 11 below. may, without releasing us from any obligation under the Deed of Trust, do whatever FlrSl
<br />Federal Lincoln or Trustee believes Is necessary, including any disbursement of funds, 10 protect the security of this Deed of Trust.
<br />If First Federal Lincoln has required mortgage insurance as a condition 01 opening the Account, we shall pay the premiums required to
<br />maintain 1hat insurance In effect unlllllls 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 effecl
<br />under the Agreement from time totlme, shall be paid byus and are secured by this DeedofTrust. Unless we agree, inwrHing, with First Federal
<br />Lincoln to other terms of payment, such amounts shall be payable upon request of 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 acl/on taken shall not release us from any
<br />obligation In this Deed at Trust.
<br />6. INSPECTION. First Federal Lincoln may make orca use to be made reasonable entries upon and Inspections 01 the Property. Unless it is
<br />an emergency, First Federal LIncoln shall give us nolice (see paragraph 1 1 below) prior to an inspecllon specifying raasonable cause for the
<br />inspection.
<br />7. CONDEMNATION, A taking of property by any governmental authority by emlnenl domain is known as a"condemnalion". The proceeds
<br />01 any award or claim for damages, direct or consequential, relating to any condemnation. conveyance or other taking of 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 orolhersecurlty
<br />agreement which Is priorto this Deed of Trust. We agree to e;l(ecutewhateverdocumentsare reQuir.ed by the condemnal/on authority toeatry
<br />out this paragraph. First Federal Lincoln shalt have the authority to applyor release the comdemnalion proceeds or settleforthose proceeds
<br />in the same way as prOVided in this Deed of Trust for dispOSition or settlement 01 proceeds of 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 01 time for payment, acceptance by
<br />First Federal Lincoln at paymenls other than according to lhe lerms of the Agreement, modification in payment terms of the sums secured by
<br />this Deed ofTrustgranted by Firat Federal Lincoln loany of our successors or the walverorfailurB to exercise any right granred in this Deed 01
<br />Trust or under the Agreement shall not release, in any manner, our liability, or that at our successors In inierest. or any guarantor or surety of
<br />our liability. First Federal Lincoln shall not be required to s1art proceedings against such successor or rei use to exlend time for payment or
<br />otherwise modify payment terms of the sums secured by this Deed of Trust by reason of any demand made by us and our s~lccessors.
<br />No act or failure to act 01 First Federal Lincoln shall waive any 01 Flrsl Federal Lincoln's rights or remedies under Ihis Deed of Trust unless
<br />the waiver is in writing and signed by Firsl Federal Lincoln. Any waivcrshall apply only lothe extent specifically set forth in the writing. Awaiver
<br />as to one event shall n01 be a waiver as to any other event. Obtaining insurance, or paying taxes, other fiensorchargesshall not bea waiver of
<br />First Federal Lincoln's right under this Deed of Trust 10 accelerate the maturity 01 the sums sacured by this Deed of Trust In the event of a
<br />default under this Deed of Trust or the Agreement.
<br />9. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; CO-SIGNERS: CAPTIONS. TheaQreementscontained inthis
<br />Deed 0' Trust shall bind, and Ihe rights under Ihis beed ot Trust shall edend to. the respective successors. holrs. logatoes, devisees,
<br />adminlSlralors, executors and assigns of First Federal Uncoln and us. AU 01 the agreements made by us for our successors, heirs. legatees.
<br />devisees, administrators, executors and aSSigns) shall be joint and several. This means thai anyone 01 us maybe reqUired to indlvlduallvfulfill
<br />the agreements.
<br />Any person who co-signs this Deed 01 Trust, but does not execute the Agreement, la) is co-signing this Deed of Trust only to grant and
<br />convey thai person's interest in the Property to the Trustee under the lien and terms 01 this Deed ot Trust and to release homestead. curtesy
<br />and/or dower rights, if any. (bl is not personally liable under the Agreementorunderthls Deed 01 Trust, andlcl agreeslhat First Fedaral Lincoln
<br />and any of us may agree 10 extend, modify, forbear. or make any other accommodations with regard to the terms of this Deed of Trust at the
<br />Agreement, without the consenl of the rest of usandwilhoul releasing the rest of us ormodifying this Deed 01 Trusll1s tothe inlerest ollhe rest
<br />of us in the Property.
<br />Tho captionS8nd headings 01 the paragraphs ollhls Deed 01 Trust areforconv8mence only ami are not to be used to interpret ordellne its
<br />provisions. In this Dead 01 Trust, whenever 1he context so requires. the masculine gender Includes the teminine and/or neuter, and the
<br />singular number Includes the plural.
<br />10. NOTICES. Except where applicable law requires otherwise:
<br />la) To give us any notice under this Deed of Trust, First Federal Lincoln will hand delIver Ihe nollce 10 us, or mail the notice to us, by first
<br />class mail. or by registered Dr certified mail. First Federal Lincoln will deliver or mail the notice to us allhe address 01 the Property, or at any
<br />other address of which we have given First Federal Lincoln written nolice as prOvided In this paragraph:
<br />lbl To give the persons who sign the Agreement any nollce under this Deed of Trust. First Federal Lincoln will hand deliver the notice to
<br />such persons or mail the oolice to such persons by lirst class mail, orby registered orcertlfled mall, Flrsl Federal Lincoln will dellverormallthe
<br />nolice to such persons at the address indicated in the Agreement, or al any olher address of which such persons have given First Federal
<br />Lincoln such nollce as provided in the Agreement; and
<br />(c) To give First Federal Lincoln any notice under this Deed 01 Trust, we will malllhe nollce 10 FIrst Fedoral Lincoln by first class mail, orby
<br />registered or certified mail, at the address specllied on the Accounl'smos1 recenl monthlybllllng statement for the receipt of such nolices. We
<br />may also give First Federal Lincoln such notice at any other address 01 which First Federal Lincoln has given us written notice as provided in
<br />this paragraph.
<br />EJCceptas otherwise provided in this Deed of Trust, any notice provided lor In thIS Deed of Trust must be in writing and is considered given
<br />on the day it Is delivered by hand or deposited in the U.S, Mall, as prOVIded above.
<br />11. GOVERNING LAW; SEVERABILITY. Nebraska law applies to this Deed 01 Trust. This does not limit, however, the applicabJllty of federal
<br />law to this Deed 01 Trust. If any provision of this Deed 01 Trust is held to be Invalid. Illegal, or unenlcrceable by any court. that provision shall be
<br />deleted tram this Deed of Trust and the balance of this Oeed of Trust shall be Interpreted as it the deleted prOViSion never existed.
<br />, 2. OUR COPY. We shall receive a copy 01 this Deed of Trusl at the lime it is Signed or alter this DeBd 01 Trust is recorded.
<br />, 3. EXERCISING REMEDIES. Firsl Federal Lincoln may exercise all of 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 01 these rights and remedies may be exercised individually. or
<br />they may be exercised together. at First Federal Lincoln's sole discretion, I1nd may be exercised as often as the right 10 do so occurs.
<br />14. EVENTS OF DEFAULT.
<br />(a) Notice and Grace Period. An Event of Default will occur without a grace period or opportunity to cure, or. in some cases, after a grace
<br />penod It there is no grace period, the Event 01 Delault will occur immediately upon First Federal Lincoln giving nollee to us and to the persons
<br />who sign the Agreement (see paragraph 10 above) 01 the violation of event le;l(cept for bankruptcy filing by us or by any person who signs the
<br />Agreement. as described in paragraph 14(bl below. which shall be an Ellent of Delaull automatically and withoul nolice).
<br />If a grace period exists, the Event of Default wilt occur upon the expiration of Ihe applicable grace period. after First Federal Uncoln gives
<br />notice 10 us and to the persons who sign the Agreement (see paragraph 10 above) 01 the Violation or event and the grace period. and IA) the
<br />violation or ellent is no cured or corrected within the applicable grace period and 181 First Federal Lincoln has not been provided with
<br />evidence, reasonablysallsfactoryto First Federal Lincoln, before Ihe expiration 01 the applicable grace period, that the violation orevent has
<br />been cured or c.orrected,
<br />U Ihere is a grace period. it will begin to run on the day after the notice IS given. and explfe at 1 1 ;59 p,m" Central lime, on Ihe last day of lhe
<br />panod, All grace periIJds are expressed In calendar days, not busmess days.
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<br />must be cured or corrected; and (iVI whethl3r failure to cure such violation or correct such ellent withIn the speCified grace period, if any, will
<br />resullm acceleration of the sums secured by this Deed 01 Trust and the potential sale 01 the Properly, The nolice shalllurther Inlorm us of Ihe
<br />right, If any. under applicable law. to reinstate the Account aft~r acceleration,
<br />(b) Events 0' Default. Listed below are violations Dr olher events which eilherconslitule Events 01 Derault under Ihis Deed 01 Trusl WIthout
<br />a orace period or opportunity to cure. or which. after 8 grace period, constitute Events or Default under this Deed 01 Trust. Applicable grace
<br />periods are set rorth In parenlheses after each Violation or event. The Violations and evenls Bre;
<br />{AI The persons who Sign the Agreement 'all to make payments due under the Credll Documents on lime (thlrly (301 day grace period I. 01
<br />(8) The persons who sign Ihe Agreement 'all to keep the promises made in paragraph C of the Agreemenllno graco perlodj; or
<br />(e) First Federalllncoln receives actual knowledge that the persons who 51gr1 the Agreemenl have tll olTlIlled materIAl mlormatiOIT trom or
<br />1M connecllon With, 1tlen credi1 appllcallon or IIi) made any false or misleading stutemenls on, or In conn~cllon Wllh. !helF cmdll applIcatIon lin
<br />each case. no grace period" 01
<br />(01 Without thePflDfwrlltonconsonl 01 Flrsl Fedoralllncoln.IIJ we, orany personwho5'glls The Agre~ml'nl, illJre" to ~efl Iransl"r or ilsslgn
<br />the Property Of any Interesl In Ihe Properly. Ill) tho Property or any inlerest'" the Propertv!s sold. Iran:lterud, OF ll!:>!'.HJr1t"l ,lI (1i'1 Olrl~' Illuurlll
<br />ll'!a1l85 Dlffle1lOg Ihe Property afB amended or formUlBled (10 each case, no grace ponodl, 01
<br />jEJ Thero 1-' de'ault or an acllon Hi hied alleging 8 del.ult under any ground Ip850S allt'ctlng 1he Properly or unrhH ilny cnOlj., Irl!ilItHTIIHlI or
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