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<br />~ 'I }; U t \. t ) 0 ~: <br /> <br />200710309 <br /> <br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and <br />obtain the appointment of a 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. <br /> <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. ' <br /> <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. <br /> <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. <br /> <br />.' <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. <br /> <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. <br /> <br />TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER <br />THAN THE NOTTCE 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. <br /> <br />WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to <br />the extent permitted by law. <br /> <br />WAIVER OF HOMESTEAD EXEMPTION RIGHTS. Grantor hereby waives all homestead exemption rights <br />relating to the Property to the extent permitted by law. <br /> <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. <br /> <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. <br /> <br />GOVERNING LAW AND .JURISDICTION. This Security Instrument will be governed by the laws of the State <br />of Nebraska. <br /> <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. <br /> <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. <br /> <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 ofthe date noted above. <br /> <br />By signing this Security Instrument, each Grantor acknowledges that all provisions have been read and <br />understood. Signed and sealed by Grantor (s): <br /> <br />~ 2004-2006 Copyr;ght Comph,nce Systems, Inc. ,40A-8824 - 2006, 11,182 <br />[co!"mer".., Re~1 E'l~t!'. s.~~~J~"mmenl. I?~A007 __ __ _____. ___ ____.____.l'~pf 5 <br /> <br /> <br />Initials <br />-- ---- ---- <br /> <br /> <br />www.complia.nce!:y~lem!O.com <br />800.968.8522. fax 616.956.1868 <br />