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�010U9"183
<br />payment of junior trust deeds, mnrtgages, or other lienholders and the balance, if any, to the person or persons
<br />legally entitled thereta 'C"he recitals in the Trustee's deed shall be prima facie evidence of the truth of the
<br />statements rnadc in ii. If L,ender chooses to invoke the power of salc, Lcndcr or Trustee will provide notice of sale
<br />pursuant to applicable law. Any such salc or a sale made pursuant to a jud�nent or a decrcc for the foreclosure
<br />here�f rnay, at the option of I.ender, be rnade en rnassc. The c�mmencement of proceedings to foreclose this
<br />Se�urity Instrument in any tnanner authorized by law shall be deemed as cxercise of the above option.
<br />Upon the occurrence of an Event of Dcfault, Lt;nder 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 thc couri making the appointrttents confets. Grantor hereby irrevocably consen[s to such appointment
<br />and waives notice of any application therefor.
<br />NO WAIVER. No delay or failure of L.ender to exercise any right, remedy, powcr or privilege hereunder shall
<br />afl'ect that right, remedy, power or privilege nor shall any single or par[ial exercise theteof preclude the exercise of
<br />any right, remedy, power or privilege. No l.ender delay or failure to dcmand strict adherence to the terms of this
<br />5ecurity Instrurnent shall be deemed to constitute a course of conduct inconsistent wrth I,ender's right at any time,
<br />before or after an event of default, to dernand strict adherence to the terms of this Security Instrument and the
<br />Related Documents.
<br />SUBSTITUTE TRUSTEE. Lender, at its optron, may from time to time temove Trustee and appoint a successor
<br />trustee to xny Trustee appointed hereunder by an instrurnent recorded in the county in which this Securiiy
<br />Instrument is recorded. Without convcyance of Che Property, the sucressor trustee shall succecd tn all fhe title,
<br />power and duties conferred upon Trustee herein and by applicable law.
<br />JOINT AND SEVERAI. LIABILITY. If this Sccurity Instrurnent should be signed by more than one person, aU
<br />persons executzng this Security Instrument agree that they shall he 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 />Instrumcnt is binding on all heirs, executors, administrators, assigns and successors of Grantor.
<br />NOTICF.S AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand
<br />given by L,�nder tc� any party iS L'C)i151C�eieCl effective when it is deposited in the United States Mail with thc
<br />approptiate postage. A copy of any notice shall hc rnailed to each party at the address of the party �iven at the
<br />be�inning of this Security Tnsttument unless an alternative address has becn provided to I.ender in writin�. To the
<br />extent permitted by law, Grantor waives notice of L.ender's acceptance of this Security Instrument, detenses based
<br />on suretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uniform
<br />Cornmercial Code, as enacted in the state where I.ender is locatcd or other applicable law or in equity, dernand,
<br />notice of acceleration, notice ol nonpayment, presentment, protest, notice of dishonor and any other notice.
<br />REQUrST FOR NOTICES: Grantor requests that copies oi the notice of default and notice of sale be sent to the
<br />address of each party given at the beginn(ng of the Security Instrurnent.
<br />TO THE EXTENT PERMITTED �3Y LAW, GRANTOR WAIVES ANY R.IGHT TO NOTICE, OTHER
<br />THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TQ ANY HEARING,
<br />JUAICIAL OR OTHERWISE, PRIOR TO LENDER EXERCISING ITS RIGHTS UNDER TH1S
<br />SECURITY INSTRUMENT.
<br />WAIVER OF APPRAISEMENT RIGHTS. Gran[or waives all appraisement rights relating to the Property to
<br />thc extent permitted by law.
<br />LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by I.cnder in connection with enforccrnent
<br />of its rights under the Indebtedness, this Security Instrument or in the event Lendet is made party to any litigation
<br />because of the existence of the Indebtedness or this Security Instrurnent, as well as court wsts, collection charges
<br />and reasonahle attorneys' fees and disbursements.
<br />ASSIGNABILITY. I.ender may assign or otherwise transfer this Security Instrument or any of Lender's rights
<br />under this Security Instrument without notice to Grantor. Grantor rnay not assign this Security Instrument or any
<br />part of the Security Instrument without the cxpress written consent of I.ender.
<br />GOVERNING LAW. This Security Instrunnent will be governed by the laws of the State of Nebraska including
<br />all proceedings arising from this Security Instrurnent.
<br />SEVERABILITY. If a court of cornpetent jurisdiciion determines any terrn or provision of this SecuriCy
<br />Instrument is invalid or prohibited by applicable law, that terrn or provision will be incffcctive to the extent
<br />required. Any term or provision that has been deterrnined lo be invalid or prohibited will be severed from the rest
<br />nf the Security Instrument without invalidating the remainder of eithcr the affected provision or this Security
<br />Instrument.
<br />WAIVER OF JURY TRIAL. All parties to this Security Instrument hereby knowingly and voluntarily
<br />waive, to the fullest cxtent permitted by law, any right to trial by jury of any dispute, whether in contract,
<br />tort, or otherwise, arising aat of, in connection with, related to, or incidental to the relationship established
<br />between them in this Security �nstrument or any other instrument, document or agreement executed or
<br />delivered in connection with this Seeurity Instrument or the related transactions.
<br />Q� 2004-2010 C'nmplian[u Syslcnls, Inc. FY)47-53C4 - 2010.053G5
<br />Cummcrcinl Kcal listate tiecurily Instrumenl - DIAU07 _ Page 4 of S www.tnmpliuncesri«mn.com
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