|
<br />~
<br />
<br />200805884 i f~;
<br />
<br />, ?'
<br />
<br />\' '>1 :
<br />
<br />.' ~~
<br />
<br />,: I '~
<br />
<br />\ '.
<br />
<br />foreclosure hereof may, at the option of Lender, be made en masse. The commencement of proceedings to
<br />foreclose this Mortgage in any manner authorized by law shall be deemed as exercise of the above option.
<br />
<br />Upon the occurrence. of an Event of Default, Lender shal1 immediately be entitled to mak(japplication 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 shal1
<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 tenns 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 pennitted 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 al1 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 OfthisSecurity Instrument unlessal1 altemative'addresshas been provided to Lender iIi writing. Tothe
<br />extent pennitted 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, Unifonn
<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, notice of dishonor and any other notice.
<br />
<br />REQUEST FOR NOTICES: Grantor requests that copies of the notice of default and notice of sale be sent to the
<br />address of each party given at the begitming of the Security Instrument.
<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 hereby waives all homestead exemption rights
<br />relating to the Property to the extent pennitted by law.
<br />
<br />LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with cnforcement
<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 tenn 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 Security Instrument waive any right to trial by jury to the
<br />extent 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 Security 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 s~bject matter
<br />of this agreement. This agreement supersedes all prior ora] or written agreements, commItments and
<br />
<br />Initials
<br />
<br />w'ww~cljm'p'liancesYstems,c~ri1
<br />800-96.8;.85220 Ftx 616:9%018681
<br />
<br />'Q'2004.2007 Copyriglll Compliance Systems. Inc. 23FA-0545 - 2007,07,200
<br />, ICOfMnerCial Real Esta"e Security In'!!r.!!~_\..:.12!A007
<br />
<br />Pa~e 40f5
<br />
|