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2oioo9451 <br />NO WAIVER. No delay or tailure of Lender to exercise any rigltt, remedy, power or privilege hereunder shall <br />affect that rigl�t, remedy, power or privilege nor shall any single or partial exercise thereof�preclude the exercise of <br />any right, re►nedy, power or privileg�. No I.ender delay or failure to demand strict adherence to tl�e terms af this <br />Security Inatrument �hal] b� deeined to con5titute a course of conduct incansistent with Lender's right atany time, <br />before or after an event c�P defaull, to dernand strict adherence to the terms of this Security Instrument and the <br />Related Documents. <br />SLJBSTITLJ'1'E TRLISTEE. .I,ender, at its aption, may from time to time remove Trustee and appoint a successor <br />tru5tee to any 'I'rutitee : ap�ointed hereunde:r by an instrument recorded in the county in which this Security <br />Instrument is recorded. Without conveyance of the f'roperty, thv successor trustee shall succeed to all the title, <br />power and di�ties c��nferred upon Trustee herein and by applicable 1aw. <br />JOINT AND SEV�;I2AI� LlAI3IL11'Y. If this Security Instrument should be signed by more than one person, al1 <br />persons executing tliis Secu��ity Instrument agree that they shall be jointly and severally bound, where permitted by <br />law. <br />SURViVAL. I..ender's rights in this Security Instrument will continue in its successors and assigna. This Security <br />InStrumeiit i5 binding on all heir5, executors, administrator5, assigns and succESSOrs of Grantor. <br />NOTICFS AND WAIVER (�F NO'I'iCE. tln1ess otherwise requir�d by applicable law, any notice or demand <br />given by Lender to aray party is c��nsidered effective when it is deposited in the United States Mail with the <br />apprnpriate postage. A co}?y of any notice shall be i��ailed to each party at fhe address of the parfy given at fhe <br />beginning of this Security Instrument unless an alternative address has been provided to Lender in writing. To tl�e <br />exCent �ermilted by law, Grantor waives notice of Lender's acceptance of this Security Instrument, defenses based <br />on suretyship, any defen�c arising from any el�ition by Lender under the United States Bankruptcy Code, Unifonn <br />Commercial C;ode, a5 enacted in the state where Lender is located ar other applicable law or in equity, demand, <br />notice of acceleration, notice of nonpayment, present►nent, protest, notice of dishonor and any other notice. <br />REQLIES'1' H OR NU'1'ICES: Grantnr requests ihat copies of the notice of default and notice of sale be sent to the <br />addreas nf each party �iven at thc: begiruiing ot'the Security Instrument. <br />TO THE EXTENT PERMITTEI) BY I.,AW, GRANTnR WAIVF,S ANY RIGH7' TO NOTICE, OTIIER <br />TIIAN 'CH� NOTICI: PROVI1l1?D ABOVF, AND WAiVES ANY RI[�HT TO ANY HEARING, <br />JUDICIAL OR OTH�,RWiSE, P1tiOR T� LENDER EXERCISING ITS RIGHTS UNDER THIS <br />SF.CCJRITY INSTNr;'M�NT. <br />WAIVER OF APPRAISEMENT liIGHTS. Grantor waives all appraisement rights relating to the Property to <br />the e;xtent permitted by law. <br />LEND�R'S EXPENS�S. Grantor agrees to pay all expenses incurred Uy Lender in connection with enforcement <br />of its rightti under the Indebtadness, this Security lnstrument or in the event Lender is made party to any litigation <br />because of the existence of the Indebtedness or fhis Security [nstrument, as well as court costs, collection char�es <br />and reasonable attorneys' fees and disbursements. <br />ASSIGNABILI'1'Y. Lender may assign or otherwise transfer t.his Security Tnstrument or any of Lender's rights <br />under this Security Instrument without notice to Grantor. Grantor may nnt assign tl�is Security InStrumenC or any <br />part of the Security lu5trument without the express written consent of I..ender. <br />COVERNING LAW. '1'his Sec:urity Instrument will be governed by the laws of the State of Nebraska including <br />all proceedings arising fii•om this Security lnstrument. <br />SEVI��RAI3iLITY. If a court of competent jurisdiction determines any ter�n or provision of this Security <br />TnStrument is invalid or prohibited by applicabl� law, that term or provision will Ue ineffective to the extent <br />required. Any term or provision tl�at has been i�etermined to be invalid or prohibited will be severed from the r�st <br />ol' the Security lnstrum�nt wilhout invalidatin� the remainder oE either the affected provision or this Security <br />InStrument. <br />V'VATVER OT JURY TR1AL. All parties to this 5ecurity lnstrument hereby knc�wingly and voluntarily <br />waive, tn the fullest extent permitted by law, any right to trial by jury of any dis�ute, whether in contr$ct, <br />tort, or otherwise, arising out of, in connection with, rciated to, or incidental to the relationship established <br />between them in this Security Instrument or any other instrument, dnc��me��t ar agreement executed or <br />delivered in co�uiection with this Security instrument or the related transactions. <br />F:N"1'I�tE AGREEMENT OF TIIE PARTIES. 'fhis agreement, including all agreemenCs referred to or <br />incorporated into tl�is agreement, constitutea tha entire agreement between the parties relating to fhe subject matter <br />ol this agreement. This agreement supc:rtiedes all prior oral or written agreements, commitments and <br />undersLandings Uetween tlie parties relating to thc suhject matter of this agreement and cannot be changed or <br />terminatcd orally and shall Ue deemed elfective as of the date noted above. <br />� 2004-201p ('nu�plitlnCe Sysle�ns, h�C, 1'947-CI �C - 2p IO.U5.3ti5 � <br />Commcrcial kcal Estate S�curiry lucu - UTAO(17 Page 4 of 5 www.compliancesys�nms.com <br />