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2oo9o5so~ <br />statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustcc will provide notice of sale <br />pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the foreclosure <br />hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this <br />Security Instrument in any manner authorized by law shall be deemed as exercise of the above option. <br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and <br />obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the <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 />NO WAIVF,R. No delay or failure of Lcndcr to exercise any right, remedy, power or privilege hereunder shall <br />affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of <br />any right, remedy, power or privilege. No Lender delay ar failure to demand strict adherence to the terms of this <br />Security lnstrument 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 lnstrument and the <br />Related Documents. <br />SUBS'1'1'1•U'1'E "1'RLISTEE, Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security <br />Tnstrument 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. <br />JOIN'1• ANI) 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 />SURVIVAL, Lender's rights in this Security lnstrument will continue in its successors and assigns. This Security <br />InstrurnenC 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 Tender in writing. 'I'o the <br />extent permitted by law, Grantor waives notice of Lcndcr's acceptance of this Security lnstrument, defenses based <br />on suretyship, any defense arising from any election by Lcndcr under the United States Bankruptcy Codc, 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 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. <br />TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHE R <br />THAN TILE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, <br />JUDICIAL OR OTHERWISE, PRIOR TO LENDER EXERCISING ITS RIGHTS UNDER THIS <br />SECURITY INS'1"RiJMENT. <br />WAIVER OF APPRAISEMENT RIGHTS, Grantor waives all appraisement rights relating to the Property to <br />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 Tnstrument 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 />A5SIGNAI3ILITY. Lender may assign or otherwise transfer this 5ccurity Instrument or any of Lender's rights <br />under this Security Tnstrument without notice to Grantor. Grantor may not assign this Security lnstrument or any <br />part of the Security Instrument without the express written consent of Lender, <br />GOVEKNING LAW ANll JURISDICTION. This Security instrument will be governed by the laws of the State <br />of Nebraska. <br />SEVGRABILI'I'Y. Tf a court of competent jurisdiction determines any teen or provision of this Security <br />Instrument is invalid or prohibited by applicable law, that term or provision will be ineffective io the extent <br />required. Any term or provision that has been determined io be invalid or prohibited will be severed from the rest <br />of the Security lnstrument without invalidating the remainder of either the affected provision or this Security <br />Instrument. <br />WAIVER OI+ JURY TRIAL. All parties to this Security Instrument hereby knowingly and voluntarily <br />waive, to the fullest extent permitted by taw, 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 COMMERCIAL CODE (U.C.C.) Grantor agrees that this 5ccurity Instrument shall suffice as a <br />financing 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 file any financing statements required under the <br />Uniform Commercial Code. <br />g'J 2UU4,~2Wri Copyright Cmnpliuncc Systunrv, Inc. 63C7-138X8- 200X.12.282 www.cmnpliance.aystmnacom <br />COn1nlCrCiel 1(CUl Evtutc sVUUrity Inatl'linlent - DL4UU7 PagCAnfS XW!1GXN522. rflx GI(+~45fi-IX(iX <br />