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Y y <br />y , : � 2010�9659 <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 fhe appointments confers. Grantor hereby irrevocably consents to such appointment <br />and waives notice of any application tl�erefor, <br />NO WANER. No delay or failure of I_ender 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 thereofpreclude the exercise of <br />any ri�;ht, remedy, powe:r or privilege. Nc� Lender delay ��r failure to demand strict adherence to the terms of this <br />Security Instniment 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, ta demand strict adherence to the terms of this SecuriCy lnstrument and the <br />Related Documents. <br />SUBSTITU'CE TRUSTEE. I.,ender, at its option, may from time to time remove Trustee and appoint a successor <br />truste� to any Trustee appointed hereunder by an instrument recorded in the county in which this Security <br />Cnstrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, <br />power and duties cc�nterred upon Trustee herein and by applicable law. <br />JO1N'l' AND S�;VEIiAI., i..IABILrTY. If this Security Tnstrument should be signed by rnore tl�an one person, all <br />persons executing this 5ecurity Instrument agree that they sha11 be jointly and severally bound, where pennitted by <br />law. <br />SURVIVAI.,. Lender's rights in this Security Instrument will continae in its successors and assigns. This Security <br />Instnunent is binding on all heirs, executors, administrators, assigns and successors of Grantor. <br />NUTiCES 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 �iven at the <br />beginning of this Security ln5trurnent unless an alternative address has been provided to Lender in writing. To the <br />extent pennitted by law, Grantor waives notice af Lender's acceptance of this Security Instrument, defenses baaed <br />on suretyship, any defense arising from any electian by Lender under the United 5tates BankrupCcy Code, Uniform <br />Commercial Code, as enacted in Che state where I.,ender is located ar oCher applicable law or in equity, demand, <br />notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any otHer notice. <br />REQUE�ST FOR NOTICES: Urantor requests that copies of the notice of default and notice o£sale be sent to the <br />address of each party given at the beginning of the Security Instrument. <br />'f0 TIIE EXT�NT PERM 1'�"TED BY I,AW, GRAN`I'OR WAIV�S ANY RIGH'I" TO NOTIC�, OTHER <br />'1'HAN THE NOTiCE PR�ViDED A130VE, AND WAiVES ANY RIGHT TO ANY HEARiNG, <br />dUDICCAI. OR OTHERWISE, PRIOR TO LENDER EXERCISING IT5 RIGHTS UNDER THIS <br />SECURI'1'Y INSTRUMENT. <br />WAIVER OF AI'�'RAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to <br />the extent pennitted by law. <br />1�FNDER'S EXPENSES. Grantor abreea to pay all expens�s incurred by C�ender 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 exi5t�nce of the Indebt�dness or this Security Instrument, as well as court costs, collection charges <br />and reasonab1e attorneys' fees and disbursements. <br />ASSIGNAI�TLITY. Lender may assign or otherwise transfer this 5ecurity 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 Instniment without the express written consenC of Lender. <br />GOVERNING LAW. 'l Sc;curity Instrument will b� governed by the ]aws of the State of Nebraska including <br />all proceedings arising from this Securiry Instrument. <br />S�VERABILITY. If a court of competent jurisdiction determines any term or provision of this Security <br />lnstrument i5 invalid or prohihited by applicable law, that tenn or provision will be ineffective to the extent <br />required. Any term or provision that has been determined to be invalid or prohibited wil] be severed from the rest <br />oF Che Security Instnunent without invalidatin� the remainder oF either the affected provision or this Security <br />Tnstrument. <br />WAIVER OF JURY TR1AL. All parties to this Security Instrument hereby knowingly and valuntarily <br />waive, to the fullest extent permitted by law, any right to trial by jury oF any dispute, whether in contract, <br />tart, or otherwise, arisin� out af, in connection with, related to, nr iucidental to the relationship established <br />between them in this Security Instrxment or any other instrument, doc�rment or agreement executed or <br />delivered in connection witl� this Security Instrument or the related transactions. <br />ENTIRE AGREEMENT UF 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 a�reement. This agreement supersed�:s all prior oral or written agreements, commitments and <br />understandings between the parties rclating to che subject matter of this agreement and cannat be changed or <br />terminated orally, and shall be deemed effective as of the date noted above. <br />C� 2004-3010 Cnmpliance Systems, Inc F947-2D36 - 2010.05365 <br />Commcrcixl Rcal Estxtc Sccurity Instrumcnl - PI.4U07 � � Yagc 4 of 5 �www.complipneesystems.cmn <br />