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20100985G
<br />payment of junior trust deeds, mortgages, or other lienholders and the balance, if any, to the person or persons
<br />legally entitled thereco. The recitals in the Trustee's deed shall be prima facia evidence of the truth af the.
<br />sCatements made in it. If Lender chooses to invoke the powet' of sale, Lender or 'T'rustee will pz'ovide notice of sale
<br />pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the foreclosure
<br />hereof may, at the option of Lender, be made en tnasse. The commencement o� proceedings co foreclose this
<br />Security Instrument in any manner authorized by law shall be deemed as exercise of fhe above option.
<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 pro�ts of it, with the
<br />powers as the caurt making the appointments confers. Grantor hereby irrevocably consents to such appointment
<br />and waives notice of any application therefor.
<br />NO WAIVER. No delay or failure of Lender 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 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 to constitute a course of conduct inconsistent with Lender's right at any time,
<br />before or after an eveiit of default, ta demand strict adherence to the ter►ns of this Securiry ]nstrument and the
<br />Related Documents.
<br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appaint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security
<br />InsCrument is recorded. Without conveyance of the Property, che 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 shall be jointly and severally bound, where permitted by
<br />law.
<br />SURVTVAL. Lender's rights in this 5ecurity lnstrument 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 AIVD WAIV�R 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 given at the
<br />beginning of this Securiry 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 Security 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 ather applicable law or in equity, demand,
<br />notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice.
<br />REQU�S'I' �'OR NOTTCES: Grantar requests that copies of the notice of default and notice of sale be sent to the
<br />address af each party given at the beginning of the Security Instrument.
<br />TO THE EXT�NT I'ERMITTED BY LAW, GRANTQR WAIV�S ANY RIGHT TO NOT1C�, OTHER
<br />THAN '�HE NQTICE PROVIDED ABOVE, AND WA�VES ANY RIGHT TO ANY HEARING,
<br />JUD1ClAL �R OTHERWISE, PRIOR TO I.ENDER EXERC�SING ITS RIGHTS UNDER THI5
<br />SECURITY INS'I'RUMENT.
<br />WAIVER OF APPRAISEM�NT RIGHTS. Grantor waives all appraisement rights relating to the Property to
<br />the extent permitted by law.
<br />LENDER'S EXPENSES. 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 tha event Lender is made party to any litigation
<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 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 Instrument without the express written consent of Lender.
<br />GOVERNING LAW. This Securiry Instrument will be governed by the laws of the State of Nebraska including
<br />all proceedings arising from this Security Instrument.
<br />SEVERAB[LITY. If a court of competent jurisdiction determines any term or provision of this Security
<br />Instrument is invalid or prohibited by applicable law, tl�at term or provisian wiil be ineffective to the extent
<br />required. Any term or provision that has been determined to be invalid or prohibit�d will be severed from the rest
<br />of the Security Instrument without invalidating the remainder of either the affected provision or this Security
<br />lnstrument.
<br />WAiVER OF JURY TRIAL. All parties to this Security Instrument hereby knowingly and voluntarily
<br />waive, to the t'ullest eztent 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 connectian with this Security Instrument or the related transactions.
<br />m 2004-2010 Compliance Systeros, Inc. F947-$032 - 2010.05.365 �„ .. . � .
<br />Cnmmercial Reat Estate Securiro lnstrument - DL4007 PaKa 4 of S ........__
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