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200602981 JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person, all persons executing this Security Instrument agree that they shall be jointly and severally bound, where permitted by law. SURVIV AL. The Lender's rights in this Security Instrument will continue in its successors and assigns. This Security Instrument is binding on all heirs, executors, administrators, assigns and successors of the Borrower. NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand given by Lender to any party is considered effective when it is deposited in the United States Mail with the appropriate postage, mailed to the address of the party given at the beginning of this Security Instrument unless an alternative address has been provided to Lender in writing. To the extent permitted by law, Borrower waives notice of Lender's acceptance of this Security Instrument, defenses based on suretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uniform Commercial Code, as enacted in the state where the Lender is located or other applicable law or in equity, demand, notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice. TO THE EXTENT PERMITTED BY LAW, BORROWER WAIVES ANY RIGHT TO NOTICE, OTHER THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, JUDICIAL OR OTHERWISE, PRIOR TO THE LENDER EXERCISING ITS RIGHTS UNDER THIS ASSIGNMENT. WAIVER OF APPRAISEMENT RIGHTS. Borrower waives all appraisement rights relating to the Property to the extent permitted by law. WAIVER OF HOMESTEAD EXEMPTION RIGHTS. Borrower hereby waives all homestead exemption rights relating to the Property to the extent permitted by law. LENDER'S EXPENSES. Borrower agrees to pay all expenses incurred by Lender in connection with enforcement of its rights under the Indebtedness, this Security Instrument or in the event Lender is made party to any litigation because of the existence of the Indebtedness or this Security Instrument, as well as court costs, collection charges and reasonable attorneys' fees and disbursements. ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights under this Security Instrument without notice to Borrower. Borrower may not assign this Security Instrument or any part of the Security Instrument without the express written consent of Lender. GOVERNING LAW AND JURISDICTION. This Security Instrument will be governed by the laws of the State of Nebraska. 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 Deed of Trust waive any right to trial by jury to the extent allowed by law. This jury trial waiver applies to any claims or disputes related or incidental to the relationship established between the parties to this Deed of Trust. UNIFORM COMMERCIAL CODE (U.C.C.) Borrower grants to Lender a security interest in all goods that Borrower owns now or in the future and that are or will become fixtures related to the Property. Borrower authorizes Lender to file any financing statements required under the Uniform Commercial Code. ORAL AGREEMENTS DISCLAIMER. An agreement as defined by Nebraska Statutes must be in writing to be enforceable under Nebraska law. To protect the parties from any misunderstandings or disappointments, any contract, promise, undertaking, or offer to forebear repayment of money or to make any other financial accommodation in connection with this loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or substitution for any or all of the terms or provisions of any instrument or document executed in connection with this loan of money or grant or extension of credit, must be in writing. By signing this Security Instr ment, each Borrower acknowledges that all provisions have been read and understood. gned ads by Borrower (s): X ~ -27-D [., Date The above signatures have been Witnessed by: X~Al- ~ 5-~7-~)b N : te X Name: Date <<:> 2004-200~ Compliance System,. Jnc. ~40A-1 CCA - 200~,08, 120 Commercial Real Estate Security Instrument - DL4007 Page 4 of ~ www.compliancesystems.com 800-968-8522 - Fax 616-956-1868