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<br />statements made in it. If Lender chooses to invoke the power of sale, L,ender or Trustee will provide notice of sale
<br />pursuant to applicable law. Any such sale or a sale made pursuant to a judgrnent or a decree for the foreclosure
<br />hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this
<br />Security Instrument in any manner authorized by law shall be deemed as exercise of the above option.
<br />Upon the occurrence of an Event of Default, I.ender shall immediately be entitled to make application for anc�
<br />obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the
<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 privilege hereunder shall
<br />affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of
<br />any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the tertns 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 strict adherence to the terms of this Security Instrument and the
<br />Related Documents.
<br />SUBSTTTUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security
<br />Instrument is recorded. Without conveyance of the Properly, the successor trustee shall succeed to all the title,
<br />power and duties confened upon Trustee herein and by applicable law.
<br />JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person, all
<br />persons executing this Security Instrument agree that they shall be jointly and severally bound, where permitted by
<br />law.
<br />5URVIVAL. Lender's rights in this Security Instrument will continue in its successors and assigns. This Security
<br />InsUument is binding on all heirs, executors, administrators, assigns and successors of Grantor.
<br />NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicabl� law, any notice or demand
<br />given by Lender to any pariy is considered effective: (i) when it is deposited in the United States Mail with the
<br />appropriate postags; (ii) when it is sent via electronic mail; (iii) when it is sent via facsimile; (iv) when it is
<br />deposited with a nationally recognized overnight courier service; (v) on the day of personal delivery; or (vi) any
<br />other commercially reasonable means. A copy of any notice shall be sent to each party at the address of the party
<br />given at the beginning of this Security Instrument unless an alternative address has been provided to Lender in
<br />writing. To the extent permitted by law, Grantor waives notice of Lender's acceptance of this Security Instrument,
<br />defenses based on suretyslup, any defense arising from any election by Lender under the United States Bankruptcy
<br />Code, Uniform Commercial Code, as enacted in the state where Lender is located or other applicable law or in
<br />equity, demand, notice of acceleration, norice of nonpayment, presentment, protest, notice of dishonor and any
<br />other notice.
<br />REQiTEST FOR NOTICES: Grantor requests that copies of the notice of default and norice of sale be sent to the
<br />address of each parly given at the beginning of the Security Instrument.
<br />TO THE EXTENT PERMITTED BX LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTAER
<br />THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING,
<br />JUDICIAL OR OTHERWISE, PRIOR TO LENDER EXERCISING ITS RIGHTS UNDER THIS
<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 EXPENSE5. Grantor agrees to pay all expenses incurred by I,ender in connection with enforcement
<br />of its rights under the Indebtedness, this Security Instrument or in the event Lender is made party 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 attomeys' 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 Lender.
<br />GOVERNING LAW. This Security Insmiment will be governed by the laws of the State of Nebraska including
<br />all proceedings arising from this Security Instrument.
<br />SEVERABILTTY, If a court of competent jurisdiction determines any term or. provision of this Security
<br />Instrument 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 determined 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 JiTRY TRIAL. All parties to this Security Instrument hereby l�owingly and voluntarily
<br />waive, to the fullest extent permitted by law, any right to trial by jury of any dispute, whether in contract,
<br />tort, or otherwise, arising out of, in connection with, related to, or incidental to the relationship established
<br />between them in this Security Instrument or any other instrumeut, document or agreement ezecuted or
<br />delivered in connection with this Security Instrument or the related transactions.
<br />ENTIRE AGREEMENT OF THE PARTIES. This agreement, including all agreements referred to or
<br />incorporated into this agreement, constitutes the entire agreement between the parties relating to the subject matter
<br />� 2004-2011 Compliance Systems, Inc. CDBD-1BOA - 2011L2.0.475
<br />Commerciel Real Fstate Security Instrumeni - DLA007 Page 4 of 5 www.compliancesyatems.com
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