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<br />18. ASSIGNMENT; SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL
<br />LIABILHY; CAPTIONS. Lender may assign its rights and obligations hereunder by notice to
<br />Borrower. Borrower may not assign its rights or obligations hereunder, whether by contractor operation of
<br />law, without the prior written consent of Lender, which may be withheld in Lender's sole discretion. The
<br />covenants and agreements herein contained shall bind, and the rights hereunder shall more to, the respective
<br />successors and permiltcd assigns of Lender and Borrower. All covenants and agreements of Borrower shall
<br />be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are not to be used to interpret m define the provisions hereof.
<br />19. NOTICE_ Except for mw' notice required under applicable law to be given in another manner,
<br />(i) anv notice to Borrower provided for in this Deed of Trust shall be in writing to be effective and given by
<br />mailing such notice by first class U.S_ mail, postage prepaid, to Borrower at 7101 Mercy Road, Omaha,
<br />Nebraska 68106 or at such other address as Borrower may designate by notice to Lender as provided
<br />herein, and (ii) any such notice to Lender shalll be in writing to be effective and given by mailing such
<br />notice by first class U.S. mail, postage prepaid, to Lender c/o Commercial Lending Administration, 1235
<br />°N" Street, Lincoln, Nebraska 68508, or to such other address as Lender may designate by notice to
<br />Borrower as provided herein. Any such notice shall be effective upon deposit with U.S. mail_ Any notice
<br />provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender only when
<br />given in the manner designated herein.
<br />20. UNIFORM DEED OF TRUST' GOVERNING LAW; SEVERABILITY. This form of
<br />Deed of Trust combines uniform covenants for national use and non - uniform covenants with limited
<br />variations by jurisdiction to constitute a uniform security instrument covering real property. In the event
<br />that any provision or clause of this Deed of Trust or the Note or any other Loan Document conflicts with
<br />applicable law, such conflict shall not affect the other provisions of this Deed of Trust or the Note or any
<br />other Loan Document which can be given effect without the conflicting provision, and to this end the
<br />provisions of the Deed of Trust and the Note and the Loan Documents arc declared to be severable_ 'Phis
<br />Deed of Trust cannot be waived, changed, discharged or tenninated orally, but only by an instrument in
<br />writing signed by the party against whom enforcement of any waiver, change, discharge or termination is
<br />sought. This Deed of Trust shall be governed by and construed in accordance with the Laws of the State in
<br />which the Property is located, except to the extent that Federal laws or the rules and regulations of the
<br />Office of Thrift Supervision, or its successor, preempt the laws of the State in which the Wuperty is
<br />located, in which case Lender shall be entitled to such Federal rights and rcmelics without regard to
<br />conflicting limitation imposed by State law_
<br />21. BORROWER'S COPY. Borrower acknowledges receipt of a conformed and completed
<br />copy of the Nom and of this Deed of Trust at the time of execution or afer recordation hereof
<br />22. TRANSFER OF THE PROPERTY; ASSUMPTION. If the Borrower or any successor in
<br />interest to Borrower or the Property described in this Deed of Trust should, without the prior written
<br />consent of the Lender. assign the Note or sell, convey, transfer, or alienate the Property, or any pan
<br />thereof, or any interest therein, or he divested of its title or any interest therein in any mariner, whether
<br />voluntary= or involuntary. by contractual arrangement or operation of law, or if the Borrower or any
<br />successor in interest to Borrower or the Property is a corporation, partnership, limited liability company, or
<br />joint venture, and more than fifty percent (50 %) of the cqu¢y ownership of such corporation, partnership,
<br />limited liability company, or joint venture is, without the prior written consent of Lender, sold, conveyed,
<br />transferred or alienated. either voluntarily or involuntarily. 1w arrangement or operation of law,
<br />then the Lender shall have the right at its sole option to declare any and all indebtedness duc hereunder, or
<br />any other obligation secured by this Dead of Trust, immediately due and payable.
<br />Not Icss than thirty (30) days prior to any such sale or other transfer, Borrower shall notify Lender
<br />in writing of the proposed sale or transfer and shall provide Lender with such information concerning the
<br />remits and conditions of the sale or transfer and the creditworthiness and financial condition of the proposed
<br />purchaser or transferee as Lender may require. Lender may withhold its consent to any such sale or other
<br />transfer in Lender's sole discretion.
<br />A consent and waiver of Lender's option to accelerate shall be subject to (a) the credit of the
<br />purchaser or transferee being satisfactory to the Lender, (b) an assumption fee of two percent (2 %) of the
<br />then outstanding Principal balance being paid to Lender; (c) assumption of full and unconditional liability
<br />on the indebtedness by all purchasers or transferees of the Property on a joint and several basis, and (d) any
<br />other requirements reasonably accessary to protect Lender's interest in the Property.. Any agreement
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