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<br />200702112
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<br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment
<br />and waives notice of any application therefor.
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<br />NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall
<br />affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise 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 Instmment 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 />tmstee to any Trustee appointed hereunder by an instJument recorded in the county in which this Security
<br />Instrument is recorded. Without conveyance of the Property, the successor tmstee shall Sllcceed to all the title,
<br />power and duties conferred upon Tmstee 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 thc 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 frorn 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 permitted by law.
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<br />WAIVER OF HOMESTEAD EXEMPTION RIGHTS. Grantor hereby waives all homestead exemption rights
<br />relating to the Property to the extent permitted 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 well 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 Instmment 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, that term or provision will be ineffective to the extent
<br />required. Any term or provision that has been determined 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 />ENTIRE AGREEMENT OF THE PARTIES. This agreement, including all agreements refelTed 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 thi~~~~strument, each Grantor acknowledges that all provisions have been read and
<br />_~~~. gned a7:1ed by Grantor (s):
<br />/ // '" ./7/.'<:?'
<br />_ J~__..~ --CJ;7
<br />ame: Date
<br />James C Augustine, Trustee of the Amendment and Restatement of James C Augustine
<br />Revocable Living Trust Agreement dated November 29, 2005, as amended
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<br />Restatement of Nancy K Augustine
<br />dated November 29, 2005, as amended
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<br />WWW Clmll)lianccsystt'ms COI1l
<br />ROO-9b8-85.2~ - Fa.x (11)..C}5f). 18flR
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