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ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights under this Security Instrument without notice to Grantor. Grantor may not assign this Security Instrument or any part of the Security Instrument without the express written consent of Lender. GOVERNING LAW. This Security Instrument will be governed by the laws of the State of Nebraska including all proceedings arising from this Security Instrument. SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security Instrument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest of the Security Instrument without invalidating the remainder of either the affected provision or this Security Instrument. WAIVER OF JURY TRIAL. All parties to this Security Instrument hereby knowingly and voluntarily waive, to the fullest extent permitted by law, any right to trial by jury of any dispute, whether in contract, tort, or otherwise, arising out of, in connection with, related to, or incidental to the relationship established between them in this Security Instrument or any other instrument, document or agreement executed or delivered in connection with this Security Instrument or the Related Documents. CONSTRUCTION FIXTURES. This Security Instrument shall constitute a security agreement as defined in the Uniform Commercial Code (the "Code "), and Mortgagor hereby grants to Lender a security interest within the meaning of the Code in favor of Lender in all of Mortgagor's now owned and hereafter acquired goods, building materials, supplies, inventory, equipment, accounts, contract rights, instruments, documents, chattel paper, general intangibles and personal property located at, upon or in any way related to the construction of improvements or the development or use of the Property. Lender shall have all of the rights and remedies provided by the Code, including the right to file any fmancing statements required under the Code and the right to proceed under the Code provisions governing default as to any personal property separately from the real estate included herein, or to proceed as to all of the property included in the Property in accordance with its rights and remedies in respect of said real estate. ENTIRE AGREEMENT OF THE PARTIES. This agreement, including all agreements referred to or incorporated into this agreement, constitutes the entire agreement between the parties relating to the subject matter of this agreement. This agreement supersedes all prior oral or written agreements, commitments and understandings between the parties relating to the subject matter of this agreement and cannot be changed or terminated orally, and shall be deemed effective as of the date noted above. By signing this Security Instrument, each Grantor acknowledges that all provisions have been read and understood. Signed and sealed by Grantor(s): • TALON APARTMENTS, INC. 1- 1) By: Scott Ri Its: President STATE OF NEBRASKA ) COUNTY OF HALL ) This instrument was acknowledged on the 13th day of July, 2016, by Scott Rief, President on behalf of TALON APARTMENTS, INC., a Nebraska Corporation, who personally appeared before me. In witness whereof, I hereunto set my hand and, if applicable, official seal. My commission expires: 1/9/2019 GENERAL NOTARY - State of Nebraska JON A. HEATH *Comm. Exp. Jan. 9, 2019 (Official Seal) 7 {13 /Ib (Seal) Date ® 2004 -2015 Compliance Systems, Inc. 68F9 -2BB4 - 2015.11.3.1025 Commercial Construction Security Instrument - DL4007 BUSINESS ACKNOWLEDGMENT Page 5 of 5 ary Public County, NE tification Number County 201604405 www.compliancesystems.com