201205859 - Laserfiche WebLink

Browse

� �- � 201205859 statements rnade in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or.a decree for the foreclosure hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this Security Instrument in any manner authorized by law shall be deemed as exercise of the above option. Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appoinCment and waives notice of any application therefor. NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this Security Instrument sha11 be deemed to constitute a course of conduct inconsisteut with Lender's right at any tune, before or after an event of default, to demand strict adherence to the terms of this Security Instrument and the Related 1�ocuments. SUBSTITU7CE TRUSTEE. Lender, at its option, may from time to time remove Tru,stee and appoint a successor trustee to any Trustee appointed hereunder by an instrunient recorded in the county in which this Security Inst�vment is recorded. Without conveyance of die Property, the successor trustee shall succeed to all the title, power and duties conFen�ed upon Trustee herein and by applicable law. JOINT �D SEVERAL LTABiLITY. If this Security Inshument should be signed by more than one person, a11 persons executing this Security Instrument agree that they shall be jointly and severally bound, where pernutted by law. SU1tVIVAL. Lender's rights in tlus Security Tnstrument will continue in its successors and assigns. This Security Instrument is binding on all heirs, executors, administrators, assigns and successors of Grantor. NOTICES AND WAIVER OF 1�TOTICE. Unless otherwise requirad by applicable law, any notice or demand given by Lender to any party is considered effective: (i) when it is deposited in the United States Mail with the appropriate postage; (ii) when it is sent via electronic rnail; (iii) when it is sent via facsimile; (iv) when it is deposited with a nationally recognized ovenugl�t courier service; (v) on the day of personal delivery; or (vi) any other conunerciaily reasonable means. A copy of any notice shall be sent to each party at the address of the party given at the beginning of this Security Instrument unless an alternative address has been provided to Lender in writing. To the extent permitted by law, Grantor waives uotice of Lender's acceptance of this Security Instrument, defenses based on suretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uniforni Commercial Code, as enacted in the state where Lender is located or other applicable law or in equity, demand, notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice. REQUEST FOIt NOTICES: Grantor requests that copies of the notice of default and notice of sale be sent to the address of each party given at the beginning of the Security Instrument. TO THE EXTENT PERMITTED �Y LAW, GRANTOlt WAIVES ANY RIGHT TO NOTICE, OTHER THAN �'HE NOTICE P�iOVIDED ABOV�, ANl) �'VAIVES ANI' RIGI�T TO t1NY HEAItING, JUDTCIAL OI3 OTHERWISE, P�dIOIt �'O Y.ENlDEi3 EXERCdSING ITS RIGFITS �TNDER THIS SIECUIdITY INSTRUlVI�NT. WA�VER OF AP'PRAISEIVI�NT giIG�ITS. Grantor waives aIl appraisement rights relating to the Property to the extent permitted by law. LENDER'S �XPEN3ES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement of its rights under the Indebteduess, this Security Inshument or in the event L,ender is made party to any litigation because of the existence of the Inde6tedness or this Security Instrument, as well as court costs, collection charges and reasonabte attorneys' fees and disbursements. ASSIGNABILITY. Lender may assigtt or otherwise transfer this Security Tnstrument or any of Lender's rights under this Security Instrument without notice to Grantor. Grantor may not assign this Security Instrument or any part of the Security Instrument without the express written consent of Lender. GO�ERNYNG LAV6'. This Security Instrument will be govzrned by the laws of the State of Nebraska including all proceedings arising frorn this Security dnstrument. SEVERABILI'�'Y. If a court of competent jurisdictiou determines any term or provision of this Security Instrument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent required. Arly tenn or provision that has been detarmined to be invalid or prohibited will be severed from the rest of the Security Instrument without invalidating the remainder of either the affected provision or this Security Iustrument. WAIV�R OF JURY TRIAL. All par�ies to this Securidy Instru�ent hereby knowingly and voluntarily waive, to the feallest extent peranitted by law, any right to trflal by jury of any cdfspute, whether in contract, tort, or otlierwise, arising out of, in connection witln, �related to, or incidental to ti�e relationship established between tliem in this Security In�trument or any other instrument, document or agreement executed or del6vered in commnection with this Security �nstrument or t�Le relatec9 transactions ENTIRE AGREEIVi]ENT OF THE PARTIES. This agreement, including all agreements referred to or incorporated into this agreement, constitutes the entire agreement between the parties relating to the subject matter U�' 2004-201 I Comptiauce Systuns, [nc. CDBD-FS69 - 2011 L2.0.475 Convnerciel Real Estate Securiry Instrument - DL4007 Pa�e 4 of 5 www.complieneesystems.com !