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$7- 105562 <br />waste or permit impairment or deterioration of the Property, and tiff fully and promptly comply with the provisions of any lease if this Dead of <br />Trust is on a I . hold, <br />It this Deed of Trust is on a unit in a condominium project or a planned unit development, we shall promptly perform all of our obIlgallons <br />under the declaration or canvenants creating or governing the condominium project or planned unit development, and the bylaws, <br />regulations and other documents of the condominium project or planned unit development, including any amendments. If a condominium or <br />planned unit development rider is executed by us and recorded together with this Deed of Trust, the covenants and agreements of that rklar <br />shas become a part of this Dead of Trust as it the fider were included in this document itself. <br />b. PROTECTION OF FIRST FEDERAL LINCOLN'S SECURITY. We shelf appear in and defend any action orprocaeding purporting toaffacI <br />the security of this Deed of Trust or the rkhts or powers of First Federal Lincoln under this Dead of Trust, <br />If we 1411110 do what is required of us in th s Dead of Trust or the persons who sign the Agreement fail to do what is required of lham under the <br />Agreement, or It any action or proceeding Is commenced naming First Federal Lincoln "a party oraffeciing First Federal Lincoln's interest in <br />the Pr000dy or the rights or powers of First Federal Lincoln or Trustee, then First Federal Lincoln or Trustee without demand upon us bul upon <br />notice to us as provided in paragraph 11 below. may, without releasing us from any obligation under the Deed of Trust, do whatever First <br />Federal Lincoln or Trustee believes to necessary. Including any disbursement of 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 shah pay the premiums required to <br />maintain that insurance in effect until It Is no longer required by First Federal Lincoln or apple law. <br />Any amounts disbursed by First Federal Lim,,oln or Trustee p +usuant to this paragraph, with interest at the variable interest rate in effect <br />under the Agreement from time to time, shall be paid by us and are secured by t his Deed of Trust. Unless we agree, in writing, 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 action taken shall not release us from any <br />obligation in this Deed of Trust. <br />S. INSPECTION. First Federal Lincoln may make or cause to be made reasonable entries upon and inspections 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 for the <br />inspection. <br />7. CONDEMNATION. A taking of property by any governmental authority by eminent domain is known as a "condemnation". The proceeds <br />of 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 orother security <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 condamnation proceeds or settlefor those proceeds <br />in the same way as provided in this Deed of Trust for disposition or settlement of proceeds of Hazard Insurance. No settlement from <br />condemnation damages may be made without First Federal Lincoln's prior written approval. <br />S. CONTINUATION OF OUR OBLIGATIONS AND FIRST FEDERAL LINCOLN'S RIGHTS. Extension of time for payment, acceptance by <br />First Federal Lincoln 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 First Federal Lincoln to any of our successors or the waiver or failure to exercise any right granted in thisDeed of <br />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 of <br />our liability. First Federal Lincoln shall not be required to start proceedings against such successor or refuse to extand 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 successors. <br />No act or failure to act of First Federal Lincoln shall waive any of First Federal Lincoln's rights or remedies under this Deed of Trust unless <br />the waiver is in writing and signed by First Federal Lincoln. Anywaiver shall apply only to the extent specifically set forth in the writing. Awaiver <br />as fo one 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 <br />First Federal Lincoln's right under this Deed of Trust to accelerate the maturity of the sums secured 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. The agreements contained In this <br />Deed of Trust shall bind, and the rights under this Deed of Trust shall extend to, the respective successors, heirs, legatees, devisees, <br />admirubtrators, executors and assigns of First Federal Lincoln and its Allot the agreements made by us (or our successors, heirs, legatees, <br />devisees, administrators, executors and assigns) shall be joint and several. This means that anyone of us maybe required to individually fulfill <br />the agreements. <br />Any person who co -signs this Deed of Trust, but does not execute the Agreement, (a) is co-signing 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 to release homestead, curtesy <br />and/or dower rights, it any, lb) is not personally liable under the Agreement or under this Deed of Trust andic) 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 of the <br />Agreement without the consent of the rest of us and without releasing the rest of us or modifying this Deed of Trust as to the interest of the rest <br />of us in the Properly. <br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define its <br />provision& in this Dead of 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 />is) 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, by first <br />class mail, or by registered or certified mail. 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 First 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 mail the notice to such persons by first class mail, or by registered or certified mail. First Federal L incoln will delive r or mail the <br />notice to such persons at the address indicated in the Agreement, or at any other address of which such persons have given First Federal <br />Lincoln such notice as provided in the Agreement; and <br />(c) To give First Federal Lincoln any notice under this Deed of Trust, we will mail the notice to First Federal Lincoln by first class mail, or by <br />registered or certified mail, at the address specified on the Account's most recent monthly billing statement for the receipt of such notices. We <br />may also give First Federal Lincoln such notice at any other address of which First Federal Lincoln has given us written notice as provided in <br />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 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 Trust. This does not limit, however, the applicabilityof federal <br />law tothis Dead of Trust. If 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 of Trust and the balance of this Deed of Trust shall be interpreted as if the deleted provision never existed. <br />12. 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 recorded. <br />13 EXERCISING REMEDIES, First 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 of these rights and remedies may be exercised individually, or <br />they may " exercised together, at First Federal Lincoln's sole discretion, and may be exercised as often as the right to do so occurs. <br />t4. EVENTS OF DEFAULT. <br />(s) Notice and Grace Period. An Event of Default will occur without a grace period cr opportunity to cure, or, in some cases, after a grace <br />period. If /here is nograce period, the Event of De fault will occur immediately upon First Federal Lincoln giving notice to us and to the persons <br />who sign the Agreement (see paragraph 10 above) of the violation of event (except for bankruptcy filing by us or by any person who signs the <br />Agreement, as described in paragraph 141b) below, which shall be an Event of Default automatically and without notice). <br />It a grace period exists, the Event of Default will occur upon the expiration of the applicable grace period, after First Federal Lincoln gives <br />notif a to us and to the persons who sign the Agreement (see paragraph 10 above) of the violation or event and the grace period, and (A) the <br />violation or event Is no cured or corrected within the applicable grace period and (BI First Federal Lincoln has not been provided with <br />evidence, reasonably satisfactory to First Federal Lincoln, before the expiration of the applicable grace period, that the violation or event has <br />been cured or corrected. <br />It there is a grace period, it will begin to run on the day alter the notice is given, and expire at 11:59 p.m., Central time, on the last day of the <br />period. AN grace periods are expressed in calendar days. not business days. <br />Any notice required by the subparagraph shall contain the following information. (r) the nature of the violation or event (it) the action, if any, <br />recurred or permitted to cure such violation or correct the event; (iii) the applicable grace period, if any, during which such violation or event <br />1 be cured of corrected: and liv) whether failure to cure such violation or Correct such event within IP.e specified grace period, it any, will <br />result In acceleration of the sums secured by this Deed of Trust and the potential sale of the Property. The notice shall further inform us of the <br />right, if any, under applicable law, to reinstate the Account after acceleration. <br />IN Events of Defaun, listed below are violations or other events which either constitute Events of Default under this Dead of Trust without <br />a grace ported or opportunity to cure, or which, after a grace period, constitute Events of Default under this Deed of Trust. Applicable grace <br />perieds are set forth in parentheses after each violation or event. The violations and events are: <br />g (Al 'rho persons who son the Agreement fail to make payments due under the Credit Documents on time (thirty (30) day grace period): or <br />c0i rho portions who sign the Agreement fail to keep the promises made In paragraph C of the Agreement Ino grace period), or <br />IG I, Irtfat Fetdefsl Lincoln receives actual knowledge that the persons who sign the Agreement have (U omitted mateitat inforrnntion lion,, or <br />isee:� vow—1 ionwnth, thetrr„ reditaptrtication(ir( ii) madeanyfalseormisleadingataternentson, orinconnectionwith ,theircreditapplicationtin <br />h ewba fVO grade per,orfl: of <br />'DI Vlrl IC-1 trio IkOof Written 1, fOnsent of First f'edufal Linruln, I I we, of any bar sonwho signs tfie Agioemont, agree to sell. transfer or a »sign <br />owe P,opirtot, to arty,nifireof wt the Vfopartv, iiij the Properly rx any interest in fne Propofty,s said, tfawdeted, or iisslgnea of (ml any oruund <br />lama alferaand the pfotxert/ are ancWtaAecf or terminated lin aechf case, nfi grece period); m <br />pC``;•I tharix rs rdsfetyll or an a!,ttrut is filed allggtrig a default under any ground teases alfriding the Pioporty of undel any credit ietHhumant m <br />