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<br />200803068
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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.
<br />
<br />SURVIVAL. Lender's rights in this Security Instrument will continue in its successors and assigns. This Security
<br />Instrument is binding on all heirs, executors, administrators, assigns and successors of 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. A copy of any notice shall be mailed to each party at the address of the party given at the
<br />beginning of this Security Instrument unless an alternative address has been provided to Lender in writing. To the
<br />extent permitted by law, Grantor waives notice of Lender's acceptance of this Security Instrument, defenses based
<br />on suretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uniform
<br />Commercial Code, as enacted in the state where Lender is located or other applicable law or in equity, demand,
<br />notice of acceleration, notice of nonpayment, presentment, protest, riotice of dishonor and any other notice.
<br />
<br />REQUEST FOR NOTICES: Grantor requests that copies or: the notice of default and notice of sale be sent to the
<br />address of each party given at the beginning of the Security Inhrum~~t.
<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 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 and all other signatories to this Security
<br />Instrument, to the extent each possesses homestead exemption rights in the Property, hereby waive all homestead
<br />exemption rights 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 />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 />ADDITIONAL PROVISIONS. Trustor is prohibited from encumbering, selling, assigning, or otherwise
<br />conveying its interest in water rights that may now, or at any time in the future, be used in connection with
<br />the real property without receiving prior written consent from the Beneficiary. Trustor covenants to fully
<br />utilize all water rights that may now, or at any time in the future, be used in connection with the real
<br />property while the Commercial Real Estate Security instrument is in effect in order to minimize the risk of
<br />abandonment of such water rights.
<br />
<br />By signing this Security-Instrument,' 6ach Grantor acknowledges.that all provfsfoIlS' bave been read and
<br />u e stood. Signed and sealed by Grantor(s):
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<br />Ste en R. Rappold Date
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<br />Date
<br />
<br />~ 2004-2007 Copyright Compliance Systems,lnc, 6BE7-1A55 - 2008,02,240
<br />Commercial Real Estate Security Instrument ~ DIAOO?
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