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� �oil00048 <br />statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice nf 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 masse. The commencemer�t of proceedings to foreclose this <br />Security Instrument in any manner aufhorized by law shall be deemed as exercise of the 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 profits of it, with the <br />powers as the court making the appointments confers. Grantar hereby irt'evocably consents to such appointment <br />and waives notice of any application therefor. <br />NO WAIVER. No delay or failure of Ler►der 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 event of default, to demand strict adherence to the tenms of this Security Mstrument and the <br />Related Documents. <br />SUBSTI'I'UTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security <br />Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to al1 the title, <br />power and duties conferred upon Trustee herein and by applicable law. <br />JOINT AND SEVERAL LIABILITY. Ifthis Security Instrument should be signed by more than one person, all <br />persons executing this Security Instrument a� that they shall be jointly and severally bound, where perrt►itted by <br />law. <br />Sl7RVIVAL. Lender's rights in this Security Instrument will continue in its successors and assigns. This Security <br />Instrument is binding nn all heirs, executors, administrators, assigns and successors of Grantor. <br />NOTICES AND WAIV�R OF NOTICE. Llnless 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 Security Instrument unless an alternative address has been provided to Lender in writahg. 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 other applicable law or in equity, demand, <br />notice of acceleration, notice of nonpayment, presentmenC, protest, notice of dishonor and any ocher notice. <br />REQUEST F'OR NOTICES: Grantor requests that copies of the notice of default and notice of sale be sent tn the <br />address of each party given at the beginning of the Security Instrument. <br />TO THE EXT�NT PERMITTED BY LAW, GRANTOR WAiVES ANY RIGHT TO NOTICE, OTHER <br />T.HAN THE NO'I'ICE PROVIDED ABOV�, AND WAIV�S ANY RIGHT TO ANY H�AR[NG, <br />JUDICIAL OR O'THERWISE, PRIOR TO L�ND�R EXERCISING ITS RIGHTS UNDER THIS <br />SECURITY INSTRUMENT. <br />WAIVER OF APPRAISEMENT RIGH'TS. Grantor waives all appraisement rights relating to the Property to <br />the extent permitted by law. <br />LENDER'S EXP�NSES. 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 pariy tn any litigation <br />because of the existence of the Indebtedness or this Securiry 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 lnstrument or any of L�nder's rights <br />under this Securiry Instrument without notice to Grantor. Grantor may not assign this Securiry Instrument or any <br />part of the Securiry lnstrument without the express written consent of Lender. <br />GOVERNING LAW. This Securiry Instrument will be �overned by the laws of the 5tate of Nebraska including <br />all proceedings arising fi'om this Security Instrument. <br />SEVERABILI'TY. IF a court of campetent jurisdicCion determines any term or provision of this Security <br />Instrumer�t is invalid or prohibited by applicable law, that term or provision will be ineffectivc to the extent <br />required. Any term or provision that has been detertnined to be invalid or prohibited will be severed frozn the rest <br />of the Security Instrument without invalidating the remainder of aither the affected provision or this 5ecurity <br />lnstrument. <br />WAIVER OF JURY TRIAL. AU parties to this Security Instrument hereby knowingly and voluntarily <br />waive, to the fullest extent permitted by law, any right to trial by jury of any dispute, whether in contract, <br />tort, nr otherwise, arising out of, in connection with, related to, or incidental to the relationship established <br />between them in this Security lnstrument or any other instrument, document or agreement executed or <br />delivered in connection with this Security Instrument or the related transactions. <br />EN'I'1RE AGREEM�NT 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. 7'his agreement supersedes all prior oral or written agreements, commitments and <br />A� 7nna_zn�n romnlfnnr.e avsreme. Ina F9a7-6E9F - 2QIO.os,765 <br />:.ommerc,ial Estxte 5ecutity Instrument - DL4007 Pe.�te 4 aF 5 _,,, www,eompliancesystems.com <br />initials <br />