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20120197�
<br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment
<br />and waives notice of any application therefor.
<br />NO WAIVER No delay or failure of Lender to exercise any right, remedy, power or pr�vilege hereunder shall
<br />affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exetcise of
<br />any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this
<br />Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time,
<br />before or after an event of default, to demand sirict adherence to the terms of this Security Instrument and the
<br />Related Documents.
<br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint � successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security
<br />Instntment is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title,
<br />power and duties conferred upon Trustee herein and by applicable law.
<br />JOINT AND SEVERAL LIABILITY. If tMs Security Instrument should be signed by more ttuw one person, all
<br />persons executing this Security Instrument agree that they shall be jointly and severally bound, where �ermitted by
<br />law.
<br />SURVIVAL. Lender's rights in this Security Instrument will continue in its successors and assigns. This Security
<br />Instrument is binding on all heirs, executors, administrators, assigns and successors of Grantor.
<br />NOTICES AND WAIVER.OF NOTICE. Unless otherwise required by applicable law, any notice or demand
<br />given by I.ender to any party is considered effective when it is deposited in the United States Mail with the
<br />appropriate postage. A copy of any notice shall be mailed to each parly at the address of the parly given at the
<br />beginning of this Security Insmiment unless an altemative address has been provided to Lender in writing. To the
<br />extent pernutted by law, Grantor waives notice of Lender's acceptance of this Security Instrument, defenses basecl
<br />on suretyship, any defense arising from any elecrion by Lender under the United States Banla�uptcy Code, Uniform
<br />Commercial Code, as enacted in the state where Lender is located or other applicable law or in equity, demaud,
<br />notice of acceleration, notice of nonpaytnent, presentment, protest, notice of dishonor and any other notice.
<br />REQUEST FOR NOTICES: Grantor requests that copies of the notice of default and notice of sale be sent to the
<br />address of each party given at the beginning of the Security Instnunent.
<br />TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHE�t
<br />THAN THE NOTICE PROVIDED ABQVE, AND WAIV�S ANY �tIG$'� TU ANY #IEARING,
<br />JUDICIAL OR OTHERWISE, PRIOR '�'Q LENDER EXE�tCISING ITS RIGHTS UNDER '�HI5
<br />SECURITY INSTRUMENT.
<br />WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to
<br />the extent permitted by law.
<br />LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement
<br />of its rights under the Indebtedness, this Security Instrument or in the event Lender is made parly to any litigation
<br />because of the existence of the Indebtedness or this Security Instrument, as well as court costs, collection charges
<br />and reasonable attorneys' fees and disbursements.
<br />ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights
<br />under this Security Instrument without notice to Grantor. Grantor may not assign this Security Instrument or any
<br />part of the Security Instrument without the express written consent of L,ender.
<br />GOVERNING LAW. This Security Instrument will be governei� by the l�ws of the State of Nebraslca including
<br />all proceedings arising from this Security Instrument.
<br />SEVERABILITY. If a co�rt of competent jurisdiction determines any term or provision of this Security
<br />Tnsirument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent
<br />required. Any term or provision that has been deternuned to be invalid or prohibited will be severed from the rest
<br />of the Security Instrument without invalidating the remainder of either the affected provision or this Security
<br />Instrument.
<br />WAIVER OF JLTItY TRIAL. All parties to this Security Inst�ument hereby $nowipgly and vol�ntt�r�ly
<br />waive, to the fullest extent permitted by laW, any right to trial by jury of any d�spute, Whethe#� ip cont�'ack,
<br />tort, or otherWise, arising out of, in connection with, related to, or incidental to �he rel�tionship established
<br />between them in this Security Instrument or any other instrument, document o� agreemen�t lezecute�l p�
<br />delivered in connection with this Security Instrument o� the related transactions:
<br />ENTIRE AGREEMENT OF THE PARTIES. This agreement, including all agreements refetTed to o�
<br />incorporated into this agreement, constitutes the entire agreement between the parties rel&ting to the subject mattex
<br />of this agreement. This agreement supersedes all prior oral or written agreements, committnents a#�c�
<br />understandings between the parties relating to the subject matter of this agreement and cannot be cha,nged or
<br />terminated orally, and shall be deemed effective as of the date noted above.
<br />C9 2004-2011 Compliance Systems, inc. COF0.0BBl - 2010L1.15.441
<br />Commercial Real Fstate Security Instrument - DL4007 Page 4 of 5 www.compliancesystems.00m
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