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<br />200700642
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<br />NO WAIVER. No dclay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall
<br />atfect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercisc of
<br />any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this
<br />Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time,
<br />before or after an event of default, to demand strict adherence to the terms of this Security Instrument and the
<br />Related Documents.
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<br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security
<br />Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title,
<br />power and duties conferred upon Trustee herein and by applicable law.
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<br />JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person, all
<br />persons executing this Security Instrument agree that they shall be jointly and severally bound, where permitted by
<br />law.
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<br />SURVIVAL. The Lender's rights in this Security Instrument will continue in its successors and assigns. This
<br />Security Instrument is binding on all heirs, executors, administrators, assigns and successors of the Grantor.
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<br />NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand
<br />given by Lender to any party is considered effective when it is deposited in the United States Mail with the
<br />appropriate postage, mailed to the address of the party given at the beginning of this Security Instrument unless an
<br />alternative address has been provided to Lender in writing. To the extent permitted by law, Grantor waives notice
<br />of Lender's acceptance of this Security Instrument, defenses based on suretyship, any defense arising from any
<br />election by Lender under the United States Bankruptcy Code, Uniform Commercial Code, as enacted in the state
<br />where the Lender is located or other applicable law or in equity, demand, notice of acceleration, notice of
<br />nonpayment, presentment, protest, notice of dishonor and any other notice.
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<br />TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER
<br />THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING,
<br />JUDICIAL OR OTHERWISE, PRIOR TO THE LENDER EXERCISING ITS RIGHTS UNDER THIS
<br />ASSIGNMENT.
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<br />WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to
<br />the extent pernlitted by law.
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<br />LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement
<br />of its rights under the Indebtedness, this Security Instrument or in the event Lender is made party to any litigation
<br />because of the existence of the Indebtedness or this Security Instrument, as we II as court costs, collection charges
<br />and reasonable attorneys' fees and disbursements.
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<br />ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights
<br />under this Security Instrument without notice to Grantor. Grantor may not assign this Security Instrument or any
<br />part of the Security Instrument without the express written consent of Lender.
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<br />GOVERNING LAW AND JURISDICTION. This Security Instrument will be governed by the laws of the State
<br />of Nebraska.
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<br />SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security
<br />Instrument is invalid or prohibited by applicable law, iliat term or provision will be ineffective to the extent
<br />required. Any term or provision that has been detennined to be invalid or prohibited will be severed from the rest
<br />of the Security Instrument without invalidating the remainder of either the affected provision or this Security
<br />Instrument.
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<br />WAIVER OF JURY TRIAL. All parties to this Deed of Trust waive any right to trial by jury to the extent
<br />allowed by law. This jury trial waiver applies to any claims or disputes related or incidental to the
<br />relationship established between the parties to this Deed of Trust.
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<br />ENTIRE AGREEMENT OF THE PARTIES. This agreement, including all agreements referred to or
<br />incorporated into this agreement, constitutes the entire agreement between the parties relating to the subject matter
<br />of this agreement. This agreement supersedes all prior oral or written agreements, commitments and
<br />understandings between the parties relating to the subject matter of this agreement and cannot be changed or
<br />terminated orally, and shall be deemed effective as of the date noted above.
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<br />By signing this Security Instrument, each GrantOl" acknowledges that all provisions have becn rcad and
<br />understood. Signed and sealed by Grantor (s):
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<br />IU '
<br />By: Dana L Lemburg
<br />Its: President
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<br />J /11)4"]
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<br />Date
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<br />Initials
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<br />\0 2004~2006 Copyright Compliance Systems. Inc, D291-726A - 2006.07, 166
<br />Commercial Real Estate,Securit Instr\1ment - 0104007 _______.r.~,Q;e 4 of5
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