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<br /> 8. Condemnation. A taking of property by any governmental authority by eminent domain is known as a
<br /> "condemnation." The proceeds of any awazd or claim for damages, direct or consequential, relating to any condemnation,
<br /> conveyance or other taking of all or part of the Property, aze hereby assigned and shall be paid to Merrill Lynch,subject to the terms of
<br /> any mortgage, deed of trust or other security agreement which is prior to this Deed of Trust. We agree to execute whatever
<br /> documents aze required by the condemning authority to carry out this pazagraph. Merrill Lynch shall have the authority to apply or
<br /> release the condemnation proceeds or settle for those proceeds in the same ways as provided in this Deed of Trust for disposition or
<br /> settlement of proceeds of Hazard insurance. No settlement for condemnation damages may be made without Menill Lynch's prior
<br /> written approval.
<br /> 9. Continuation of our Obligations and Merrill Lvnch's Riehts. Extension of the time for payment, acceptance by
<br /> Merrill Lynch 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 Merrill Lynch to any of our successors or the waiver or failure to exercise any right granted in this
<br /> Deed of Trust or under the Agreement shall not release, in any manner, our liability, or that of our successors in interest, or any
<br /> guarantor or surety of our liability. Menill Lynch shall not be required to start proceedings against such successor or refuse to
<br /> extend time for payment or otherwise modify payment terms of the sums secured by this Deed of Trust by reason of any demand
<br /> made by us or our successors.
<br /> No act or failure to act of Merrill Lynch shall waive any of Menill Lynch's rights or remedies under this Deed of Trust
<br /> unless the waiver is in writing and signed by Merrill Lynch. Any waiver shall apply only to the extent specifically set forth in
<br /> writing. A waiver as to one event shall not be a waiver as to any other event. Obtaining insurance or paying taxes, other liens or
<br /> charges shall not be a waiver of Merrill Lynch's rights under this Deed of Trust to accelerate the maturity of the sums secured by
<br /> this Deed of Trust in the event of a default under this Deed of Trust or the Agreement.
<br /> 10. Successors and Assigns Bound: Joint and Several Liabilitv: Waivers: Co-Signers: Caations. The agreements
<br /> contained in this Deed of Trust shall bind, and the rights under this Deed of Trust shall extend to, the respective successors, heirs,
<br /> legatees, devisees, administrators, executors and assigns of Merrill Lynch and us. All of the agreements made by us (or our
<br /> successors, heirs, legatees, devisees, administrators, executors and assigns)shall be joint and several. This means that any one of us
<br /> may be required to individually fulfill the agreements.
<br /> We hereby ezpressly waive any rights or benefits of homestead, redemption, dower and/or curtesy which we may have
<br /> under applicable law.
<br /> Any person who co-signs this Deed of Trust, but does not execute the Agreement, (a) is co-signing this Deed of Trust
<br /> only to grant and convey that person's interest in the Property to the Trustee under the lien and terms of this Deed of Trust and to
<br /> release homestead, redemption, curtesy and/or dower rights, if any, (b) is not personally liable under the Agreement or under this
<br /> Deed of Trust, and (c) agrees that Menill Lynch and any of us may agree to extend, modify, forbeaz, or make any other
<br /> accommodations with regard to the terms of this Deed of Trust or the Agreement, without the consent of the rest of us and without
<br /> releasing the rest of us or modifying this Deed of Trust as to the interest of the rest of us in the Property.
<br /> The captions and headings of the pazagraphs of this Deed of Trust are for convenience only and aze not to be used to
<br /> interpret or define its provisions. In this Deed of Trust, whenever the context so requires, the masculine gender includes the
<br /> feminine and/or neuter, the singular number includes the plural, and the plural number includes the singular.
<br /> 11. Notices. Except where applicable law requires otherwise:
<br /> (a)To give us any notice under this Deed of Trust, Menill Lynch will hand deliver the notice to us, or mail the
<br /> notice to us,by first class mail,or by registered or certified mail. Merrill Lynch will deliver or mail the notice to us at the address of
<br /> the Property, or at any other address of which we have given Merrill Lynch written notice as provided in this pazagraph;
<br /> (b)To give the persons who sign the Agreement any notice under this Deed of Trust, Menill Lynch will hand
<br /> deliver the notice to such persons or mail the notice to such persons by first class mail, or by registered or certified mail. Merrill
<br /> Lynch will deliver or mail the notice to such persons at the address indicated in the Agreement, or at any other address of which such
<br /> persons have given Merrill Lynch such notice as provided in the Agreeinent; and
<br /> (c) To give Menill Lynch any notice under this Deed of Trust, we will mail the notice to Menill Lynch by
<br /> first class mail,or by registered or certified mail, at the address specified on the Account's most recent monthly billing statement for
<br /> the receipt of such notices. We may also give Merrill Lynch such notice at any other address of which Menill Lynch has given us
<br /> written notice as provided in 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
<br /> considered given on the day it is delivered by hand or deposited in the U.S. mail, as provided above.
<br /> 12. Governin� Law: Severabilitv Nebraska law applies to this Deed of Trust. 1'his does not limit, however, the
<br /> applicability of federal law to this Deed of Trust. If any provision of this Deed of Trust is held to be invalid, illegal, or
<br /> unenforceable by any court, that provision shall be deleted from this Deed of Trust and the balance of this Deed of Trust shall be
<br /> interpreted as if the deleted provision never existed.
<br /> 13. Our Conv. We shall receive a copy of this Deed of Trust at the time it is si ned or after this Deed of Tru '
<br /> recorded.
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