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201405269
<br /> EVENT LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THE
<br /> LENDER SHALL PROVIDE ALL STATUTORTLY REQUIRED NOTICES OF SALE AND NOTICES OF
<br /> JUDICIAL HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER THIS
<br /> INSTRUMENT.
<br /> Upon the occurrence of an Event of Default,Lender may,without notice unless required by law,and at its option,
<br /> declare the entire Indebtedness due and payable, as it may elect,regardless of the date or dates of maturity thereof
<br /> and, if permitted by state law, is authorized and empowered to cause the Properiy to be sold at public auction,and
<br /> to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and sufficient at
<br /> law,pursuant to the statute in such case made and provided. The Trustee shall apply the proceeds of the Trustee's
<br /> sale, first,to the costs and expenses of exercising the power of sale and of the sale, including the payment of the
<br /> Trustee's fees actually incurred; second, to payment of the obligation secured by the trust deed; third, to the
<br /> payment of junior trust deeds, mortgages, or other lienholders and the balance, if any, to the person or persons
<br /> legally entitled thereto. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the
<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 rnade 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 appoinhnents 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,adrninistrators,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 parly
<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 Properiy 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 parly 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 /> �2004-2013 Compliance Systems,Inc.46F5-A4E8-2013L2.0.666
<br /> Commercial Construction SecuriTy Instrument-DL4007 Page 4 of 5 www.compliancesystems.com
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