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200906289 Upon the occurrence of an Lvent of Default, Lender shall immediately be entitled to make application for and obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment and waives nvtice of any application therefor. NO WAIVER. No delay or failure of Lender to exercise any right, rcmcdy, power or privilege hereunder shall atlect that right, rcmcdy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of any right, rcmcdy, power or privilege. No Lender delay or failure tv demand strict adherence to the terms of this Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time, before or after an event of default, to demand strict adherence to the terms of this Security Tnstrument and the Ttelated Documents. SUBSTITUTE TRUS'l'T{:E. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Tnstrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustcc herein and by applicable law. JOINT ANi) SEVERAL LIABILITY. If this Security Tnstrument should be signed by more than one person, all persons executing this Security Tnstrument agree that they shall be jointly and severally bound, where permitted by law. SURVIVAL. Tender's rights in this Security Instrument will continue in its successors and assigns. This Security Tnstrument is binding on all heirs, executors, administrators, assigns and successors of Grantor. NOTICES AND WAIVER OF NOTICE, iJnless otherwise required by applicable law, any notice or demand given by Lender to any party is considered effective when it is deposited in the United States Mail with the appropriate postage. A copy of any notice shall be mailed to each party at the address of the party given at the beginning of this Security Instrument unless an alternative address has been provided to Lcndcr in writing. Tv the extent permitted by law, Grantor waives notice of L,ender's acceptance of this Security Instrument, defenses based vn suretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uni form Commercial Code, as enacted in the state where Lender is located or other applicable law or in equity, demand, notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice, REQUEST FOR NO"1'ICES: Grantor requests that copies of the notice of default and notice of sale be sent to the address of each party given at the beginning of the Security Instrument. TO THE L+'XTEN'I' PERMITTED BY LAW, GRAN'T'OR WAIVES ANY RIGHT TO NOTICE, 0Tl1ER THAN '1"TiE NOTICE PROVIDED ABOVE, ANT) WAIVES ANY RIGHT 'I'O ANY iiI~:ARTNC, ,IUT)TCIAL OR OTHERWISE, PRIOR TO LENDER EXERCISING T'l'S RIGHTS UNDER THIS SECURITY INSTRUMENT. WAIVER OF APPRAISEMEN'1' IrIGHTS. Grantor waives all appraiscment rights relating to the Property to the extent permitted by law. LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by hender in connection with enforcement of its rights under the Indebtedness, this Security Instrument or in the event bender is made party to any litigation because of the existence of the Indebtedness or this Security Tnstrument, as well as court costs, collective charges and reasonable attorneys' fees and disbursements. ASSIGNABILITY. Lcndcr may assign or otherwise transfer this Security Instrument or any of Lender's rights under this Security lnstrumcnt without notice to Grantor, Grantor may not assign this Security Instrument or any part of the Security Instrument without the express written consent of Lender. GOVERNING LAW AND JURISI7ICTTON. This Security Instrument will be governed by the laws of the State of Nebraska. SIarVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security Instrument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest of the Security lnstrumcnt without invalidating the remainder of either the affected provision or this Security Instrument. WAIVER OF JURY TRIAL. All parties to this Security Instrument hereby knowingly and voluntarily waive, to the fullest extent permitted by law, any right to trial by jury of any dispute, whether in contract, tort, nr otherwise, arising out of, in connection with, related to, or incidental to the relationship established between them in this Security Instrument or any other instrument, document or agreement executed or delivered in connection with this Security Instrument or the related transactions. UNIFORM COMMERCIAL CODE (U.C.C.) Grantor agrees that this Security Instrument shall suffice as a financing statement and may therefore be filed of record as a financing statement for the purposes of Article 9 of the Uniform Commercial Code. Grantor authorizes Lender to file any financing statements required under the Uniform Commercial Cvde. ENTIRE AGREEMII:N"1" OF THE PARTIES. This agreement, including all agreements referred tv or incorporated into this agreement, constitutes the entire agreement between the parties relating to the suhject matter of this agreement. This agreement supersedes all prior oral or written agreements, commitments and u znnn-znnR Cnpyrif;lu compua»cc sysrc»,s, l»c n3Ci-c ura - zr~,w.lzzsz www.compuancesysrm»s com C'ommcrciul Canxlructinu Srcurity lnstrumcnt - GIA(107 Pagr 4 of 5 RW-9GN-M522 -Fax GIG45!* I M6H