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<br /> <br /> <br /> <br /> 20090882'7 <br /> <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 WAIVER. No delay or allure o Lender to exercise any right, remed " Y, 1?.. "ow...er or privilege hereunder shall <br /> affect that right remedy, power or privilege nor shall any single or artial,expreise thereof preclude the:,ex <br /> excise of. <br /> any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms,of.this° <br /> Security 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 /> SUBSTITUTE TRUSTEE, 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 /> 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. <br /> JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person, all <br /> persons executing this tSecurity Instrument agree that they shall be jointly and severallyf bound, where permitted by <br /> law. <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 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, 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 /> WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to <br /> the extent permitted by law. <br /> WAIVER OF HOMESTEAD EXEMPTION RIGHTS. Grantor hereby waives all homestead exemption rights <br /> 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 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 /> GOVERNING LAW AND 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 waive any right to trial by jury to the <br /> extent allowed by law. This jury trial waiver applies to any claims or disputes related or incidental to the <br /> relationship established between the parties to this Security Instrument. <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. <br /> O 2004-2007 Copright Compliance Systems, Inc. 23FA-263C - 2007.07.200 i,:... f ..r.... r w .eomplianecsystems.eom <br /> Commercial Real. Estate Security Instrument - DL4007 Page 4 of 5 800,968-8522 -Fax 616A56-1568 <br /> Initial? <br />