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<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
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