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<br />200900423 <br /> <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. Nodclay 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 cxcrcisc thereof preclude the exercise of <br />any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the tcnns of this <br />Security Instlllment 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 />Rclatcd Documents. <br /> <br />SUBSTITUTE TRUSTEE. Lender, at its option, may from timc to timc rcmove Trustee and appoint a successor <br />trustee to any T1llstec appointed hereunder by. an inst1llment recorded in the county in which this Security <br />Inst1llment is recorded. Withom 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 SEV~:RAL .LIABILITY. If this Security Instrument should be signed hy more than one person, all <br />persons executing this Seemity Instrument agree that they shall be jointly and severally bound, where pcnnitLld 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 nOliee 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 tbe <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, Unifonll <br />Cornme.reial Code, as enacted in the state where Lender is located or other applicahle 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 beginning ohhe Security Instrument <br /> <br />TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER <br />THAN THE NOTICE PROVIDED ABOVE, AND WA/V.:S ANY RIGHT TO ANY HEARING, <br />,JUDlC/AL OR OTHERWISE, PRIOR TO LENDER EXERCISING ITS RIG/ITS UNOl!:.R THIS <br />SECURITY INSTRUMENT. <br /> <br />W A/YER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to <br />the extent Pl1:miUed by law, <br /> <br />LENO~:R'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in l:onnection with enforcement <br />of ib rights under the Indebtedness, thisSeeurity Ill~trnment 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' tees and disbursements, <br /> <br />ASSIGNAHlLlTV. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights <br />under this Security Instrument without Ilotice to Grantor, Grantor may not assign this Security Instrument or any <br />part of the Security Illstmment without the express written consent of Lender. <br /> <br />(;OVERN /NG LAW AND .JURISDICTION, This Security Instrument will be governed by the laws of the State <br />of Nebraska. <br /> <br />SEVERABILITY. 11' a court of competent jurisdiction dctennines any lenn or provision uf this Security <br />Instrument is inv(llid or prohibited by applicable law, that term or provision will be ineffective 10 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 pruvision or this Security <br />instrument. <br /> <br />WAIYER OF JURY TRIAL. All parties to this Security InstrulIIent waive any right to trial by jury to the <br />extent allowed hy iaw. This jury trial waiver applies to allY claims or disputes related or ille.idental to the <br />relationship established between the parties to this Security 10strulIIent. <br /> <br />UNIFORM COMMERCIAL COnE (H.C.C.) Grantor agrees that this Security instrument shall. sulfice as a <br />l1nancing statement and may therefore be tiled of record as a financing statement for the purposes of Article 9 of <br />the Uniform Commercial Code. Grantor authorizes Lender to me any I1nancing stnt~'1nent~ required under the <br />Unifonn COlllmercial Code. <br /> <br />ENTIRE AGREEM.ENT OF TH.E.PARTIES. This agreement, including all agreements refelTed to or <br />incorporated into this agreement, constitutes the entire agreement between the parties relating to the subject mauer <br />of this agreement. This agreement supersedes all prior oral or wriuen agreements, cOtlllUitl11ents alld <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 etfective as of the date noted above. <br /> <br />Q ;:\,H,l..I.;:(Il.f) (:OPytillhl tUll'lF!la~ !ly~~Jn~, ~t'!~. ;Z.!PA.!lS:1" 2.007m,100 <br /> <br />['~"~ RmL~~~~:~W$:~'~~~:~_~~.~~~"" <br /> <br />l,\.'Ww.li"t!-m.plill~y.>~.ilt,}M <br /> <br />:":"P:~~~:~~~~~~t0't~~'""'~~""!>L~'~}~I':'] <br />