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• <br />201210641 <br />• <br />2 01209925 <br />20. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee <br />and appoint a successor without any other formality than the designation in writing. The <br />successor trustee, without conveyance of the Property, will succeed to all the title, power and <br />duties conferred upon Trustee by this Security Instrument and applicable law, including, without <br />limitation, the right to appoint a successor or substitute trustee at any time and from time to <br />time. <br />21. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the <br />United States of America, and to the extent required, by the laws of the jurisdiction where the <br />Property is located, except to the extent such state laws are preempted by federal law. <br />22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under <br />this Security Instrument are independent of the obligations of any other Grantor. Lender may <br />sue each Grantor individually or together with any other Grantor. Lender may release any part <br />of the Property and Grantor will still be obligated under this Security Instrument for the <br />remaining Property. Grantor agrees that Lender and any party to this Security Instrument may <br />extend, modify or make any change in the terms of this Security Instrument or any evidence of <br />debt without Grantor's consent. Such a change will not release Grantor from the terms of this <br />Security Instrument. The duties and benefits of this Security Instrument will bind and benefit <br />the successors and assigns of Lender and Grantor. <br />23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be <br />amended or modified by oral agreement. No amendment or modification of this Security <br />Instrument is effective unless made in writing and executed by Grantor and Lender. This <br />Security Instrument and any other documents relating to the Secured Debts are the complete <br />and final expression of the agreement. If any provision of this Security Instrument is <br />unenforceable, then the unenforceable provision will be severed and the remaining provisions <br />will still be enforceable. <br />24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes <br />the singular. The section headings.are for. convenience only and,are not' to be used to interpret <br />or define the terms of this Security Instrument. <br />25. NOTICE, ADDITIONAL DOCUMENTS AND RECORDING FEES. Unless otherwise required <br />by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate <br />party's address listed in the DATE AND PARTIES section, or to any other address designated in <br />writing. Notice to one Grantor will be deemed to be notice to all Grantors. Grantor will inform <br />Lender in writing of any change in Grantor's name, address or other application information. <br />Grantor will provide Lender any other, correct and complete information Lender requests to <br />effectively mortgage or convey the Property. Grantor agrees to pay all expenses, charges and <br />taxes in connection with the preparation and recording of this Security Instrument. Grantor <br />agrees to sign, 'deliver, and file any additional documents or certifications that Lender may <br />consider necessary to perfect, continue, and preserve Grantor's obligations under this Security <br />Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all <br />expenses, charges and taxes in connection with the preparation and recording thereof. Time is <br />of the essence. <br />26. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any <br />dispute, claim or other matter in question between or among Lender and Grantor that arises out <br />of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as <br />Lender and Grantor agree to in writing. For purposes of this section, this Transaction includes <br />this Security Instrument and any other document relating to the Secured Debts, and proposed <br />loans or extensions of credit that relate to this Security Instrument. Lender or Grantor will not <br />arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. <br />Lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debt secured <br />by real estate at the time of the proposed arbitration. Lender may foreclose or exercise any <br />powers of sale against real property securing the Secured Debt underlying any Dispute before, <br />during or after any arbitration. Lender may also enforce the Secured Debt secured by this real <br />property and underlying the Dispute before, during or after any arbitration. <br />Lender or Grantor may, whether or not any arbitration has begun, pursue any self -help or similar <br />remedies, including taking property or exercising other rights under the law; seek attachment, <br />garnishment, receivership or other provisional remedies from a court having jurisdiction to <br />preserve the rights of or to prevent irreparable injury to Lender or Grantor; or foreclose against <br />any property by any method or take legal action to recover any property. Foreclosing or <br />exercising a power of sale, beginning and continuing a judicial action or pursuing self -help <br />remedies will not constitute a waiver of the right to compel arbitration. <br />The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any <br />Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other <br />matter at law or in equity. The arbitrator may consolidate any Dispute with any related <br />disputes, claims or other matters in question not arising out of this Transaction. Any court <br />YOGI MOTEL, INC. <br />Nebraska Deed Of Trust <br />NE/ 4XXXDB0ND00000000000648064112012N <br />Wolters Kluwer Financial Services ©1996, 2012 Bankers Page 7 <br />SystemsrM <br />