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20200823 <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 Instrument. The duties 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 />J & L Westward Enterprises, LLC <br />Nebraska Deed Of Trust <br />NE/4XXMUTTER0000000000229907210102ON Wolters Kluwer Financial Services *1996, 2020 Bankers Page 10 <br />Systems*" <br />