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<br />84 - 005068 <br /> <br /> <br /> <br />arising out of this Deed and (iH) the <br />required or obligated in any.manner to perform or <br />the obligations of the Grantor under,pursua:nttoor <br />to any of the Collateral. '. <br /> <br />3 .10. ~ Waiver; Writing. .No delay on the <br />Beneficiary in the exercise of any right or remedy <br />as a waiver thereof, and no single or partial <br />Beneficiary of any right or remedy shall preclude <br />further exercise thereof or the ex.ercise of any other <br />remedy. No amendment, waiver or supplement in any <br />t..'1is Deed shall in any event be effective unless <br />writing signed by the Beneficiary, <br /> <br />3.11. Governino Law, This Deed has been executed and <br />delivered at Skoki e, 3: l11,noi s, and shall be construed inaccor- <br />dance wi th and governed by the laws of the State of Illinois., <br />except to the extent that it is mandatory that the laws of the <br />State of Nebraska apply to creation, priority, perfection, <br />maintenance and enforcement of the lien and security interest <br />hereof. Whenever possible, each provision of this Deed Shall be <br />interpreted in such manner as to be effective and valid under <br />applicable law, but if any provision of this Deed shall be <br />prohibited by or invalid under a.:, ':icable law, such provision <br />shall be ineffective to the "-\).: . f;:. nt- 0f ~uch prohibition O'r <br />invalidi ty, wi thaut in'..a.1 idetir., the remainder of such provision <br />or the remaining prov~s~ons of this Deed, <br /> <br />3.12 ' Waiver. The Grantor, on benal f of itself and all <br />persons now or hereafter interested in the Premises or the Col- <br />lateral, to the fullest extent permitted by applicable law hereby <br />waives all rlghts ~nder all appraisement, homes~ead, moratorium. <br />valuation~ exemption, 5~ay. extension. redemption and marshalling <br />statutes, laws or eq'..1ities now or hereafter existing. and the <br />Grantor agrees that no defense, claim or right based on any <br />thereof will be asse::-ted, or may be enforced, in any action <br />enforcing or relating to this Deed or any of this Collateral. <br />Wi thout l.:;,mi ting the general i ty of the preceding sentence, the <br />Granto::-, on its own behalf and on behalf of each and every person <br />acquiring any interest in or title to the Premises subsequent to <br />the date of this Deed, hereby lrrevocably wa~ves any and all <br />righ-:s of redemption from sale under any order or decree of <br />foreclosure of th~s Deed or under any power conta~ned herein or <br />under any sale pursuant to any statute, order, decree or Judgment <br />of any court, <br /> <br />~.~~. NO MeLQer. It beina the desire and intention of the <br />part~es here~~h~h~s Deed and the l~en hereof do not merge in <br />fee simple title to the Premises, it is hereby understood and <br />agreed ~hat should the Beneficiary acquire an additional or other <br />interests in or to the Prem~ses or the ownership thereof, then, <br />unless a contrary intent is manifested by the Beneficiary as <br />evidenced by an express statement to that effect ~n an appro- <br />priate document duly recorded, this Deed and the l~en hereof <br />shall not merge in the fee simple tltle, toward the end that this <br />Deed may be foreclosed as if owned by a stranger to the fee <br />simplfO title. <br /> <br />3,14. <br />Grantor and <br />event shall <br /> <br />Beneficiarv Not a JOlnt Venturer or Partner, The <br />the BenefiC~ary ac'K.r~~i--edge'-"-and-'--a-gi:ee--.-that In no <br />the Beneficiary be deemed to be a partnel' or JOInt <br /> <br />L <br /> <br />_")"'::1._ <br /> <br />L <br />