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<br />200709123
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<br />truth of the statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide
<br />notice of sale pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the
<br />foreclosure hereof may, at the option of Lender, be made en masse. The commencement of proceedings to
<br />foreclose this Mortgage in any manner authorized by law shall be deemed as exercise of the above option.
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<br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and
<br />obtain the appointment ofa receiver for the Property and of the earnings, income, issue and profits of it, with the
<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 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 convey.mce 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 shan 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 an 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 ofthe party given at the beginning ofthis 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 />SECURITY INSTRUMENT.
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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 />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 oftlle 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 otllerwise 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 ofthe 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 />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 />UNIFORM COMMERCIAL CODE (V.e.e.) Grantor grants to Lender a security interest in all goods that
<br />Grantor owns now or in the future and that are or will become fixtures related to the Property. Grantor agrees that
<br />this Security Instrument shall suffice as a financing statement and may therefore be filed of record as a financing
<br />statenlent for the purposes of Article 9 of the Uniform Commercial Code. Grantor authorizes Lender to file any
<br />financing statements required under the Uniform Commercial Code.
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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
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<br />@2004-2006 C'-Opyright Cmlplianee SysteIIE, Inc. 340A-92A7 - 2006.11.182
<br />Corrunereial Real Estate Security IIlltrUlIleIJl . DL4007
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<br />rage 4 M5
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<br />www.complianCt-:8ystC1Il3.com
<br />800-968-8522 - Fax 616-956.1868
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