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<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.
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<br />JOINT AND SEVERAL LIABILITY. Ifthis 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.
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<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.
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<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 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, Uniform
<br />Commercial Code, as enacted in the state where Lender is located or other applicable law or in equity, demand,
<br />notice of acceleratic)ll, notJce ofn()npa)'Dlent, presentment,-protest, notice of dishonor and any-other notice.
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<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 of the Security Instrument.
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<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.
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<br />WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement r@itS~relating to the Property to
<br />the extent permitted by law.
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<br />WAIVER OF HOMESTEAD EXEMPTION RIGHTS. Grantor and all other signatories to this Security
<br />Instrument, to the extent each possesses homestead exemption rights in the Property, hereby waive all homestead
<br />exemption rights relating to the Property to the extent permitted by law.
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<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 attorneys' fees and disbursements.
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<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.
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<br />GOVERNING LAW AND JURISDICTION. This Security Instrument will be governed by the laws of the State
<br />of Nebraska.
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<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.
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<br />UNIFORM COMMERCIAL CODE (U.C.C.) Grantor grants to Lender a security interest in all goods that
<br />Grantor owns now or in the future and that are or will become flXtures related to the Property. Grantor agrees that
<br />this Security Instrument shall suffice as a fmancing statement and may therefore be filed of record as a fmancing
<br />statement for the purposes of Article 9 of the Uniform Commercial Code. Grantor authorizes Lender to file any
<br />fmancing statements required under the Uniform Commercial Code.
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<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 subject matter
<br />of this agreement. This agreement supersedes all prior oral or written agreements, commitments and
<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 effective as of the date noted above.
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<br />ADDITIONAL PROVISIONS. The term Property also includes all water (whether groundwater,
<br />subterranean, or otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not
<br />appurtenant to the above-described real property), wells, well permits, ditches, ditch rights, reservoir
<br />rights, storage rights, dams and water stock that may now, or at any time in 'the- future,be- used in-
<br />connection with the above-described real property. Trustor is prohibited from encumbering, selling,
<br />assigning, or otherwise conveying its interest in water rights that may now, or at any time in the future, be
<br />used in connection with the real property without receiving prior written consent from the Beneficiary.
<br />Trustor covenants to fully utilize all water rights that may now, or at any time in the future, be used in
<br />connection with the real property while the Commercial Real Estate Security Instrument is in effect in
<br />order to minimize the risk of abandonment of such water rights
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<br />02004-2007 Copyright Compliance Systems. Inc_ 68E7.E934. 2008.02_240
<br />Commercial Reol Eo..te Security Instrument. DL4oo7
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<br />www.complianoesystems.com
<br />SOO-968.8522. Fox 616.956.186S
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