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201603849 <br />Instrument, Borrower's knowledge or such phrase(s) shall be interpreted to mean to the <br />best of Borrower's knowledge after reasonable and diligent inquiry and investigation. <br />(7) Unless otherwise provided in this Security Instrument, if Lender's <br />approval, designation, determination, selection, estimate, action or decision is required, <br />permitted or contemplated hereunder, such approval, designation, determination, <br />selection, estimate, action or decision shall be made in Lender's sole and absolute <br />discretion. <br />(8) All references in this Security Instrument to a separate instrument or <br />agreement shall include such instrument or agreement as the same may be amended or <br />supplemented from time to time pursuant to the applicable provisions thereof. <br />(9) "Lender may" shall mean at Lender's discretion, but shall not be an <br />obligation. <br />14. Time is of the Essence. <br />Borrower agrees that, with respect to each and every obligation and covenant contained in <br />this Security Instrument and the other Loan Documents, time is of the essence. <br />15. WAIVER OF TRIAL BY JURY. <br />TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH <br />OF BORROWER AND LENDER (BY ITS ACCEPTANCE HEREOF) (A) COVENANTS <br />AND AGREES NOT TO ELECT A TRIAL BY JURY WITH RESPECT TO ANY ISSUE <br />ARISING OUT OF THIS SECURITY INSTRUMENT OR THE RELATIONSHIP <br />BETWEEN THE PARTIES AS BORROWER AND LENDER THAT IS TRIABLE OF <br />RIGHT BY A JURY AND (B) WAIVES ANY RIGHT TO TRIAL BY JURY WITH <br />RESPECT TO SUCH ISSUE TO THE EXTENT THAT ANY SUCH RIGHT EXISTS <br />NOW OR IN THE FUTURE. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS <br />SEPARATELY GIVEN BY EACH OF BORROWER AND LENDER, KNOWINGLY <br />AND VOLUNTARILY WITH THE BENEFIT OF COMPETENT LEGAL COUNSEL. <br />Fannie Mae Multifamily Security Instrument <br />Nebraska <br />Form 6025.NE <br />06 -12 <br />Page 17 <br />© 2012 Fannie Mae <br />