|
<br />~ .. i, 1,
<br />\:\ ,. II r
<br />
<br />~~: '
<br />
<br />200710331
<br />
<br />foreclosure hereof may, at the option of Lender, be made en masse. The commencemcnt of proceedings to
<br />foreclose this Mortgage in any manner authorized by law shall be deemed as exercise of the above option.
<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 rccciver 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 />tmstee to any Tmstee 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 />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.
<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 Bankmptcy 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 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.
<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 Instmment 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 of the date noted above.
<br />
<br />VoIWW. cornpliancesystems. com
<br />8og,.~<:~.,Jll..?- . Fax 616.956.18681
<br />
<br />C 20.0.4-20.0.6 Copyright Compliance Systems, Inc, 34o.A-72411 - 20.0.6.11.182
<br />Commercial Real Estate Securit Instrument - DI...4007
<br />
<br />PaRe4of5
<br />
<br />fv\'-~
<br />
<br />Initials
<br />
|