|
<br />200901535
<br />
<br />Sccurity 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 terms of this Security Instrument and the
<br />Related Documents.
<br />
<br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustcc and appoint a succcssor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security
<br />Instrument is recorded. Without convcyancc of thc Property, the successor trustcc shall succeed to all thc titlc,
<br />power and duties confcrred 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 permitted by
<br />law.
<br />
<br />SURVIV AL. 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 ofthis Security Instrument unless an alternative address has been provided to Lender in writing. To thc
<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 cquity, demand,
<br />notice of acceleration, notice of nonpayment, presentment, protcst, 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 thc
<br />address of each party given at the beginning 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 />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 ofthe Indebtedness or this Security Instrument, as well as court costs, collection charges
<br />and reasonable attorncys' 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 />WAIVER OF JURY TRIAL. All parties to this Security Instrument hereby knowingly and voluntarily
<br />waive, to the fullest extent permitted by law, any right to trial by jury of any dispute, whether in contract,
<br />tort, or otherwise, arising out of, in connection with, related to, or incidental to the relationship established
<br />between them in this Security Instrument or any other instrument, document or agreement executed or
<br />delivered in connection with this Security Instrument or the related transactions.
<br />
<br />UNIFORM COMMERCIAL CODE (U.C.C.) Grantor agrees that this Security Instrument shall suffice as a
<br />financing statement and may therefore be filed of record as a financing statement for the purposes of Article 9 of
<br />the Uniform Commercial Code. Grantor authorizes Lender to file any financing statements required under the
<br />Uniform Commercial Code.
<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 partics relating to the subject matter
<br />of this agrccment. This agreement supersedes all prior oral or written agrcements, commitments and
<br />understandings between the parties relating to the subject mattcr of this agreement and cannot be changed or
<br />tcrminated orally, and shall be deemed effective as of the date noted above.
<br />
<br />
<br />Date
<br />
<br />CC'J 2004-2008 Copyright Compliancl: Systems, Inc, 63C7-EICll- 200~,1:Z,282
<br />Comrnen..:iu! Real E~tate;= SI,."Curity Instrument - DL4007
<br />
<br />PJ'l.gc 4 ofS
<br />
<br />www.cumplianccs.lstcm~.com
<br />800-968-8522 - Fax 616-950-1808
<br />
|