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~~~";t,^I .~ , :~ 201005629 <br />to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and sufficient at <br />law, pursuant to the statute in such case made and provided. The Trustee shall apply the proceeds of the Trustee's <br />sale, first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the <br />Trustee's fees actually incurred; second, to payment of the obligation secured by the trust deed; third, to the <br />payment of junior trust deeds, mortgages, or other lienholders and the balance, if any, to the person or persons <br />legally entitled thereto. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale <br />pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the foreclosure <br />hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this <br />Security Instrument in any manner authorized by law shall be deemed as exercise of the above option. <br />Upon the occurrence of an Event of Default, lender shall immediately be entitled to make application for and <br />obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the <br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment <br />and waives notice of any applicaticm 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 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 appraisernent rights relating to the Property to <br />the extent permitted by law. LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in <br />connection with enforcement of its rights under the Indebtedness, this Security Instrument or in the event Lender is <br />made party to any litigation because of the existence of the Indebtedness or this Security Instrument, as well as <br />court costs, collection charges 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 />....- <br />all proceedings arising from this Security Instrument. <br />SEVERABILTI'Y. 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 he severed from the rest <br />of the Security Instrument without invalidating the remainder of either the affected provision or this Security <br />Instrument. <br />UNIFORM COMMERCIAL CODE (U.C.C.) Grantor grants to Lender a security interest in all goods that <br />Grantor owns now or in the future and that are or will become fixtures related to the Property. Grantor agrees that <br />this Security Instrument shall suffice as a financing statement and may therefore be filed of record as a financing <br />statement for the purposes of Article 9 of the Uniform Commercial Code. Grantor authorizes Lender to file any <br />financing statements required under the Uniform Commercial Code. <br />C7 2004.201(1 Compliance Systems, In[. 1947-F:13G9 - 2010.OS3(5 <br />CommercifJ Rent fislale Security Instrument - b1..40D7 1'sge 4 of 5 www.complianccsyslcros.anm <br />