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s <br />���-� �,� 2oio�ss�� <br />NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall <br />affect that right, remedy, pawer 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 tn 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 tertns of this Security Instrurr►ent and the <br />Related Documents. <br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to tirne remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Secuxiry <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 shatl be jnintly and severally baund, where permitted by <br />law. <br />SURVIVAL. Lender's rights in this Securiry Instrument will continue in its successors and assigns. This Security <br />lnstrument is binding nn all heirs, executors, administrators, assigns and successors of Grantor. <br />NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice nr 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 sball 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 Securiry 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 equiry, demand, <br />notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice. <br />REQUEST FOR NQTICES: 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 begin.ning of the Security lnstrument. <br />'TO THE EXT�NT PERMITTED BX LAW, GRANTOR WAIV�S ANY RIGHT TO NOTICE, OTHER <br />THAN TH� NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, <br />JUDICIAL OR OTHERWISE, PRIOR TO LEND�R EX�RCISING I'�S RIGHTS IINDER THIS <br />SECURITY INSTRUMENT. <br />WAIVER OF APPRAiSEMENT RIGHTS. Grantor waives all appraisement rights relating ta the Property to <br />the extent permitted by law. <br />L�NDER'S EXP�NS�S. 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 litigatinn <br />because of the existence of the Indebtedness or this Security lnstrument, 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 lnstrument 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 ta 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 Securiry <br />lnstrument. <br />WAIVER OF JURY TRIAL. All parties to this Security Instrument hereby knowingly and voluntarily <br />waive, to the t'ullest 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 />�NTIRE AGREEMENT OF TH� 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 />O Z004-2010 Complience Systems, Inc. F947-39C3 - 2010.OS.765 <br />Commercial Real Estate Securitv lnatrumant - DLA007 Pake 4 of S www.cvmplienavsystems,com <br />