|
<br />
<br />
<br />
<br /> Ix 201402061.
<br />
<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 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 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. 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 /> 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. 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 /> 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 /> By signing this Security Instrument, each Grantor acknowledges that all provisions have been read and
<br /> and rstood. Signed and sealed by Grantor(s):
<br /> ~L 3 2,YJ/o
<br /> DONALD E KRUSE Date
<br /> Individually
<br /> ® 2004-2009 Compliance Systems, Inc, FCEB-C2413 - 2009.12.339
<br /> Commercial Real Estate Security Instrument - DIA007 Page 4 of 5 w ,complianccsystems.com
<br />
|