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..... '.~ f'<;< l.~.,!l t tll,i .~: 200803968 20081768 , ' NdncEs\...lND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand given by Lender to any party is considered effective when it is deposited in the United States Mail with the appropriate postage. A copy of any notice shall be mailed to each party at the address of the party given at the beginning of this Security Instrwnent unless an alternative address has been provided to Lender in writing. To the extent pennitted by law, Grantor waives notice of Lender's acceptance of this Security Instrwnent, defenses based on suretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uniform Commercial Code, as enacted in the state where Lender is located or other applicable law or in equity, demand, notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice. REQUEST FOR NOTICES: Grantor requests that copies of the notice of default and notice of. sale be sent to the address of each party given at the beginning of the Security In&tnunent. . '"' TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER THAN THE NOTICE PROVIDED ABOVE, AN:!) WAIVES ANY RIGHT TO ANY HEARING, JUDrCIAL OR OTHERWISE,'PRIOR TO LENDER EXERCISING ITS RIGHTS UNDER TmS SECURITY INSTRUMENT. WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to the extent permitted by law. WAIVER OF HOMESTEAD EXEMPTION RIGHTS. Grantor and all other signatories to this Security Instrwnent, to the extent each possesses homestead exemption rights in the Property, hereby waive all homestead exemption rights relating to the Property to the extent permitted by law. LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lenderin connection with enforcement of its rights under the Indebtedness, this Security Instrwnent or in the event Lender is made party to any litigation because of the existence of the Indebtedness or this Security Instrwnent, as well as court costs, collection charges and reasonable attorneys' fees and disbursements. ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrwnent or any of Lender's rights under this Security Instrwnent without notice to Grantor. Grantor may not assign this Security Instrwnent or any part of the Security Instrwnent without the express written consent of Lender. GOVERNING LAW AND JURISDICTION. This Security Instrwnent will be governed by the laws of the State of Nebraska. SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security XlPtnqIrontis invalid or prohibited byapplicabw la,w, that term or provision will be ineffective to the extent required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest of the Security Instrwnent without invalidating the remainder of either the affected provision or this Security Instrwnent. ENTIRE AGREEMENT OF THE PARTIES. This agreement, including all agreements referred to or incorporated into this agreement, constitutes the entire agreement between the parties relating to the subject matter of this agreement. This agreement supersedes all prior oral or written agreements, commitments and understandings between the parties relating to the subject matter of this agreement and cannot be changed or terminated orally, and shall be deemed effective as of the date noted above. ADDITIONAL PROVISIONS. Trustor is prohibited from encumbering, selling, assigning, or otherwise conveying its interest in water rights that may now, or at any time in the future, be used in connection with the real property without receiving prior written consent from the lJeneficiary~ Trustor convenants to fully utilize all water rights that may now, or at any time in the future, be used in connection with the real' property while the Commercial Real Estate Security Instrument is in effect in order to minimize the risk of abandonment of such water rights. By signing this Security Instrument, each Grantor acknowledges that all provisions have been read and ~~ii~?~.rB:Aed bl1~~g~)8 'f-~-O<t ~~e Date Individually Witnessed by: Name; Date Name; Date '02004-2007 Copyright Compliance Syst....... Inc, 68E7-18DD. 2008.02,240 Commercial Real Estate Security Instrument - DlA007 Page 50f6 www.compliancesysterrs.eorn 800-968-8522 - Fax 616-956.1868 f,-;"