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<br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appoinCment
<br />and waives notice af any application therefor,
<br />NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall
<br />at�ect that right, remedy, power or privilege nor sha11 any single or partial exercise thereof preclude the exercise of
<br />any right, remedy, power or privilege. No I_ender delay or failure to demand strict adherance to the terms of this
<br />Security Tnstrument sha11 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 af this Security Instrument and the
<br />Related Uocuments.
<br />SUBSTI'CUTE TRLTS7'EE. 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 />Instniment is recorded. Without conveyance of the Property, the successar trustee shall succeed to all the title,
<br />power and duties conferred upon '1"rustes herein and by applicable law.
<br />JOINT AND SEVERAL LIABILiTY. If this Security Instrument should be signed by rnore 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 />SURVTVAI�. Lender's rights in this Security Instrurnent 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 NO'1"ICE. Unless otherwise required by app1icable law, any notice or dernand
<br />given by L�nder to any party is considered ef£ective when it is deposited in the United States Mail with the
<br />appropriate posta�e. 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 ta Lender in writing. To the
<br />extent permitted by law, Grantor waives notice of Lender's acceptance of this Security Instniment, 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 oCher 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 PERMITT�D BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, O'THER
<br />THAN TH�. NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING,
<br />JUDICIAI, OR OTI�ERWISE, PR10R TO LENDER EXERCISING ITS RIGHTS UNDER THIS
<br />SECURITY INS'1"RUMENT.
<br />WAIVER OF AFPRAiSEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to
<br />the extent pennitted by law.
<br />LEND�R'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement
<br />of its rights under the lndebtedness, this Security Instrument or in the event Lender is made pariy to any liti�ation
<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 lnstrument or any of Lender's rights
<br />under this Security Instrument without notice to C7rantor. Grantnr may not assign this Security Instrument or any
<br />part of th� Security Tnstrument without the express written consent of Lender.
<br />GOV�,RNiNG I,AW. This Security Instrurnent will be governed by the laws of the State of Nebraska including
<br />all proceedings arising from this 5ecurity lnstrument.
<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 provisipn 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 TRIAia. 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 ln 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 instrament, document ar agreement executed or
<br />delivered in connection with this Secririty 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 />CG :004-2010 Cumpliunce Systcros, Inc. F947-FOFA - 2010.053ti5
<br />Commercial Cnnstruclion Sncurity Instrument - DL4007 Page 4 of 5 rw�rvv.compGancesystems.cam
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