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<br />In addition to all other indemnifications, obligations, rights and remedies contained herein, if the
<br />Lender and/or its respective directors, officers, employees, agents and attorneys (each an
<br />"Indemnitee") is made a party defendant to any litigation or any claim is threatened or brought
<br />against such Indemnitee concerning this Security Instrument or the related property or any part
<br />thereof or therein or concerning the construction, maintenance, operation or the occupancy or
<br />use of such property, then the Grantor shall (to the extent permitted by applicable law)
<br />indemnify, defend and hold each Indemnitee harmless from and against all liability by reason of
<br />said litigation or claims, including attorneys' fees and expenses incurred by such Indemnitee in
<br />connection with any such litigation or claim, whether or not any such litigation or claim is
<br />prosecuted to judgment. To the extent permitted by applicable law, the within indemnification
<br />shall survive payment of the Secured Debt, and/or any termination, release or discharge
<br />executed by the Lender in favor of the Grantor.
<br />Violation of this provision is a material breach of this Security Instrument and thereby
<br />constitutes a default under the terms and provisions of this Security Instrument.
<br />24. 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 />25. JOINT AND SEVERAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this
<br />Security Instrument are independent of the obligations of any other Grantor. Lender may sue
<br />each Grantor severally or together with any other Grantor. Lender may release any part of the
<br />Property and Grantor will still be obligated under this Security Instrument for the remaining
<br />Property. Grantor agrees that Lender and any party to this Security Instrument may extend,
<br />modify or make any change in the terms of this Security Instrument or any evidence of debt
<br />without Grantor's consent. Such a change will not release Grantor from the terms of this
<br />Security Instru'nieht: "Thh •dcties'and benefits of this Security Instrument will bind and benefit
<br />the successors and assigns of Lender and Grantor.
<br />26. 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. This Security Instrument and any other
<br />documents relating to the Secured Debts are the complete and final expression of the
<br />agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable
<br />provision will be severed and the remaining provisions will still be enforceable.
<br />27. 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 />28. 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 />29. 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 />PLATTE RIVER WHOOPING CRANE MAINTENANCE TRUST, INC.
<br />Nebraska Deed Of Trust
<br />NE/4XXSPIEHS00000000002104019N Wolters Kluwer Financial Services ©1996, 2020 Bankers Page 8
<br />Systems*',
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