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202505117
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9/12/2025 4:15:46 PM
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9/12/2025 4:15:45 PM
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202505117
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202505/17 <br />SEVERABILITY. If any term is invalid or unenforceable, the term shall be excluded and ineffective to the extent <br />of such invalidity or unenforceability. All other terms shall remain in full force and effect. <br />HEADINGS. The headings are for reference only and do not define, modify, expand, or limit any of the terms or <br />provisions herein. <br />SINGULAR AND PLURAL TERMS. All words in the singular shall include the plural and the plural shall <br />include the singular. <br />TIME IS OF THE ESSENCE. Time is of the essence in the performance of all obligations of Grantor. <br />ATTORNEY'S FEES, COSTS, AND EXPENSES. Except to the extent prohibited by law, Grantor agrees to <br />pay all of Lender's fees, costs, and expenses arising out of or related to the enforcement of this Security <br />Instrument or the relationship between the parties. Included in the fees that Lender may recover from Grantor are <br />the reasonable attorney's fees that Lender incurs, including all fees incurred in the course of representing Lender <br />before, during, or after any lawsuit, arbitration, or other proceeding and those incurred in appeals, whether the <br />issues arise out of contract, tort, bankruptcy, or any other area of taw. Included in the costs and expenses which <br />Lender may recover are all court, alternative dispute resolution or other collection costs, and all expenses <br />incidental to perfecting Lender's security interests and liens, preserving the Property (including payment of taxes <br />and insurance), records searches, and expenses related to audits, inspection, and copying. All amounts Lender is <br />entitled to recover shall accrue interest at the highest rate provided in any of the Related Documents from the date <br />any such fee, cost, or expense is incurred. <br />GOVERNING LAW. This Security Instrument shall be governed by and construed under the laws of the State of <br />Nebraska, except to the extent that federal law controls. <br />JURISDICTION, VENUE; WAIVER OF JURY TRIAL. The borrower hereby; (i) consents to the personal <br />jurisdiction of the state and federal courts located in the State of Missouri in connection with any controversy <br />related to this Security Instrument; (ii) waives any argument that venue in any such forum is not convenient; (iii) <br />agrees that any litigation initiated by the Lender or the Borrower in connection with this Security Instrument shall <br />be venued in St. Louis County, Missouri or the United States District Court, Eastern District of Missouri, Eastern <br />Division; and (iv) agrees that a final judgment in any such suit, action or proceeding shall be conclusive and may <br />be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE <br />BORROWER WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING <br />BASED ON OR PERTAINING TO THIS SECURITY INSTRUMENT AND THE INDEBTEDNESS. <br />COUNTERPARTS. This Security Instrument may be executed by the parties using any number of copies. All <br />executed copies taken together will be treated as a single Security Instrument. <br />INTEGRATION AND AMENDMENT. This Security Instrument, along with any of the Related Documents, <br />encompasses the entire understanding and agreement of the parties with respect to the matters set forth in this <br />Security Instrument. There is no other promise, understanding, agreement, usage, or course of dealing, either oral <br />or written, that affects it. This Security Instrument supersedes all prior oral or written agreements, commitments, <br />and understandings between the parties relating to the subject matter of this Security Instrument. Any <br />modifications or alterations to this Security Instrument must be in writing and executed by those parties burdened <br />by the modification or alteration. <br />® TruStage Compliance Solutions 2004-2025 0al a4f5I-4794bb38 -2025.76.9.7 <br />Page 7 of 9 Commercial Real Estate Security Instrument - DL4007 <br />
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