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200905122 <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 />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 acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice. <br />REQUEST FOR NO"1"ICES: 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. <br />TU THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, O'I"PIER <br />"I'I~AN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY IIEARING, <br />.IUDICIAL OR OTIIERWISE, PRIOR TO LENDER EXERCISING I'I"S RIGHTS UNDER THIS <br />SECURI"I'Y INSTRUMENT. <br />WAIVER OF APPRATSEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to <br />the extent permitted by law. <br />WAIVER OF HOMESTEAD EXEMPTION RIGHTS. Grantor and all other signatories to this Security <br />Instrument, io 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. <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 of the Indebtedness or this Security Instrument, as well as court costs, collection charges <br />and reasonable attorneys' fees and disbursements. <br />ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of hender'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 />GOVERNING LAW ANU JURISDICTION, This Security Instrument will be governed by the laws of the State <br />of Nebraska. <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 />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 />UNIFORM COMMEKCIAL CODE (U.C.C.) Grantor agrees that this Security Tnstrument shall suffice as a <br />financing statement and may therefore be filed of record as a (inancing 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 Codc. <br />ENTIRE AGREEMEN"I' 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. <br />By signing this Security Instrument, each Grantor acknowledges that all provisions have been read and <br />understood. Signe nd scaled by Grantor(s): _ <br />-. --........ _ _ ~ d <br />~.~~ <br />/~ <br />l,ennard .1 Rainfnrth Date Diana I. Rainfurth ( Datc <br />Individually Individually <br />2004-2(KtR CnpyrigM Compliance Systems, Inc, fi3C7-0347 - 2(lOR.12.2R2 vnvw,unmplit~nccryxrrmz.cnm <br />C'.omnxrcinl Real Fsrate Sucuri(y Instrument • L>L4007 Pa@e 5 ofG ROp-96R-RS22- Fxx filfi-95fi-IRfiR <br />