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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, relnedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this
<br />Security Instnllnent shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time,
<br />before Ot. atter an event of default, to demand strict adherence to the terms of this Security Instrument and the
<br />Relat.:d Documents.
<br />
<br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor
<br />trust!:'!:' 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 />SU R VI V A L. The Lender's rights in this Security Instrument will continue in its successors and assigns. This
<br />Security Instrulnent 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, mai led to the address of the patty given at the beginning of this Security I nstrument un less 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, presentlnent, protest, notice of dishonor and any other notice.
<br />
<br />TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER
<br />TIIAN TilE 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 />thc cxtcnt 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. (;rantor agrees to pay all expenses incuned 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 />ASS 1(; N A BI LlTY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights
<br />uncleI' 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 ofthe State
<br />of Nebraska.
<br />
<br />SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security
<br />InstnHnent 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 />WA.IVER 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 />l"l'la liollSh ip esta blished between the pat'ties to this Deed of Trust.
<br />
<br />ENTIRE AGREEMENT OF' THE PARTIES. This agreement, including all agreements refened to or
<br />incorponlted into this agreement, constitutes the entire agreement between the parties relating to the subject matter
<br />of this agreerncnl. 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 />By signing this Sccudty Instrument, each Grantor acknowledges that all provisions have been read and
<br />tlndel.stood. Signed and scaled by Grantor (s):
<br />
<br />~4~-P 0~. 12-::28....97
<br />Michael \V Lowry d Dale
<br />Individually
<br />
<br />.a, .. . .y/
<br />~ . (,..fJ<;!e ;(:2. i~. ___
<br />Denise K Lowry ,/
<br />Individually v
<br />
<br />/.2 -;; 1'- cJ 7
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<br />Date
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<br />.~:l,1nll11el"l.:r:ll Re:ll f:.st~llc S~L\ll'lty [tISlrut~!.e_~:.J~lA(J.22.. .____.__~,~.___,,~.,",. ""..~,\!:~..~.pJ.,L.___.
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<br />WWW,COmpIiUhCe:syS.teIlIS.(;Ul'tI
<br />800-%8.8522 . Fax 61 (,.9%.18(,8
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