201000151 - Laserfiche WebLink

Browse

2oiooo~5i relative to the administration of the trust created by the Declaration and not on its own discretion. 64. INTENTIONALLY OMITTED 65. WAIVER OF JURY TRIAL. BORROWER AND LENDER EACH HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVES ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THE NOTE, THIS SECURITY INSTRUMENT, OR THE OTHER LOAN DOCUMENTS, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY LENDER AND BORROWER AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE, BORROWER AND LENDER ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER BY BORROWER OR LENDER. 66. STATE-SPECIFIC PROVISIONS. To the extent of any conflict between the terms and provisions of this paragraph 66 and the terms and provisions otherwise contained in this Security Instrument, the terms and provisions of this paragraph 66 shall govern and control the rights and obligations of the parties. The terms and provisions of this paragraph 66 shall only be operative to the extent that the Mortgaged Property is located within the state specified in the headings set forth below. NEBRASKA: (a) Inconsistent Provisions. In the event that any provision in this Security Instrument shall be inconsistent with any applicable provision of the law of the State of Nebraska governing foreclosure or power of sale under a deed of trust (herein collectively called the "Laws"), the provisions of the Laws shall take precedence over the provisions of this Security Interest, but shall not invalidate or render unenforceable any other provision of this Security Instrument that can be construed in a manner consistent with the Laws. (b) Ri hts and Remedies upon Default. If any provision of this Security Instrument shall grant to Trustee or Lender any rights or remedies upon default of Borrower which are more limited than the rights that would otherwise be vested in Trustee or Lender under the Laws in the absence of such provision, Trustee or Lender, as the case may be, shall be vested with the rights granted in the Laws to the full extent permitted thereby and other applicable law. (c) Trustee's Sale. Should Lender elect to foreclose by exercise of the power of sale contained herein, Lender shall notify Trustee and shall, if required, deposit with -63- 15445229.4.BUSINESS