|
.1
<br /> 201301134
<br /> statements made in it.If Lender chooses to invoke the power of sale,Lender or Trustee will provide notice of sale
<br /> pursuant to applicable law. Any such sale or a sale made pursuant to a judgment 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, Lender shall immediately be entitled to make application for and
<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 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 strict 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 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 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 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 /> 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 Lender to any party is considered effective: (i) when it is deposited in the United States Mail with the
<br /> appropriate postage; (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 suretyship,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, notice of nonpayment, presentment, protest, notice of dishonor and any
<br /> 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 Instrument.
<br /> TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER
<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 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 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 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 Lender.
<br /> GOVERNING LAW. This Security Instrument will be governed by the laws of the State of Nebraska including
<br /> all proceedings arising from this Security Instrument.
<br /> SEVERABILITY. 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 JURY TRIAL. All parties to this Security Instrument hereby knowingly 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 instrument, document or agreement executed 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 /> ®2004-2012 Compliance Systems.Inc.FCEI-2B54-20111.2.3.504
<br /> Commercial Real Estate Security Instrument-DIA007 Page 4 of 5 www.compliancesystems.com
<br />
|