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<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 failure of Lender 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 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 TRUSTT:E. 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 ihan 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. bender'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 NUTICE. Unless otherwise rcquircd by applicable law, any notice or demand
<br />given by bender 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 bender's acceptance of this Security Instrument, defenses based
<br />an 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 FUR 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 />.IUDICIAL 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 />LENDIIR'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 ar this Security Instrument, as well as court casts, 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. This Security Instrument will be governed by the laws of the State of Nebraska including
<br />all proceedings arising from this Security Instrument.
<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 hereby knowingly and voluntarily
<br />waive, to the fullest extent permitted by law, 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 Security Instrument shall suffice as a
<br />financing statement and may therefore be filed of record as a financing statement for the purposes of Article 9 of
<br />the Uniform Commercial Code. Grantor authorizes Lender tC) file any financing statements rcquircd under the
<br />Uniform Commercial Code.
<br />CONSTRUCTION FIXTURES. This Security instrument shall constitute a security agreement as defined in the
<br />Uniform Commercial Code (the "Code"), and Mortgagor hereby grants to bender a security interest within the
<br />meaning of the Code in favor of Lender in all of Mortgagor's now owned and hereafter acquired goods, building
<br />materials, supplies, inventory, equipment, accounts, contract rights, instruments, documents, chattel paper, general
<br />intangibles and personal property located at, upon or in any way related to the construction of improvements or the
<br />development or use of the Property. bender shall have all of the rights and remedies provided by the Code,
<br />Q~ 2W4-2009 L'nmplinncc Systcmy, Inc, F(: F•E-9EE6- 2009.12.339
<br />C]omrnrrc~xl Consrrucrinn Security Instrument - DL4W7 Page 4 of5 www,complixnccsystcros,cnm
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