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..,a. ~,, 2oosio~~~ <br />~~ . <br />Security Instnrment shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time, <br />before ar after an event of default, to demand strict adherence to the terms of this Security lnstz-unrent and the <br />Related Documents. <br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Tnrstee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in whic}a 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 SEVERAT, 1~IABILII'Y. If this Security Instrument should be signed by more tkaarr 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 Instrument will continue in its successors and assigns. 'I-his Security <br />Instrutrrent is binding on all kieirs, executors, administrators, assigns and successors of Grantor. <br />NO'1"ICES AND WAIVI~,R 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 trona 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 iza equity, demand, <br />notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice. <br />REQUEST FOR NUTICIi1S: 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 begimting of the Security Instrument. <br />TO THE EXTENT PERMITTED BY LAW, GRAN'hOR WAIVES ANY RIGtTI'I" TO NO'CICE, U'1'HE;K <br />THAN THE NOTICE FRUV1llED ABOVE, AND WAIVES ANY RIGIIT TU ANY HEARING, <br />JUDICIAL, OR OTHERWISE, PRIOR TO LENllER EXERCISIN(.= ITS RIGHTS UNDER THIS <br />SECURITY 1NS'1"RUNIENT. <br />WAIVER OF API'RAISEMENT RIGHTS. Grantor waives all appraisentent 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 comiection 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. I..ender tray 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 .l,.ender. <br />GOVERNING LAW AND JURISDICTION. This Security Instrument will be governed by the laws of the State <br />of Nebraska. <br />SEVERAI3ILITY. If a court of competent jurisdiction determines any term or provision of this Security <br />Instrument is invalid or prohibited by applicable law, that. terns or provision will be ineffective to the extort <br />required. Any term or provision that has been deternlined to be invalid or prohibited will be severed fi~orn 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 "1'R1AL. All parties to this Security ]rrstrument hereby knowingly and voluntarily <br />waive, to the fullest extent permitted by law, any right to trial by jury of any dispute, vvltether in contract, <br />tort, ar otherwise, arising out of, in connection with, related to, or incidental to the relationship established <br />between them in this Security Lrstrument or any other irzstruznent, document or agreement executed or <br />delivered in cormectioitr with this Security Instrument or tI>we related transactions. <br />ENTIRE AGREEMENT OF TLIE PAR'T'IES. 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 agreezttent and carmot be chartged or <br />terminated orally, and shall be deemed effective as of the date noted above. <br />I;y signing this Security Itstrument, each Grantor acknowledges that all provisions have beetr read and <br />understood. Signed and sealed by Grantor(s): <br />J & BS REJJNTALS, L.L.C. <br />"!N ~ `- ~ - ..... <br />By: William P. filler Date <br />Its: Member <br />~s> 2004-2009 (bmpli;mce Systems. Imc. I)Aa0-51)26 - 200 ).US3 i 3 <br />Cmnmcrcial Real Estate Secw ity lus[rununt - UL-)l)117 Page •7 of i ~~~~~~ cnmplivaccsys~erns amt <br />