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� 2o�laoo5� <br />Security Instrument shall be deemed tn constitute a course of conduct inconsistent with L.ender's right at any time, <br />before or after an event of default, to demand slrict adherence to the terms of this Security Instrument and the <br />Related Documants. <br />SUSSTTTUTE 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 instxument recorded in the county in which this Security <br />Instniment is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, <br />power and duties conferred upon Trustee herein and by applicable law. <br />JOIIVT AND SEVERAL LIABILITY. If this Security Instrument shauld be signed by more than one person, all <br />persons executing this Security Insirument agree that thay sha11 be jointly and severally baund, where permitted by <br />law. <br />SURVTVAL. Lender's rights in this Security Instrument will continue in its successors and assigns. 'I'his Security <br />Instrument is binding on all heirs, ex�cutors, admuustrators, assigns and successors of Grantor. <br />NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or dexnand <br />given by Lender to any party is considered effective whcn it is deposited in the United States Mail with the <br />appropriate postage. A copy of any notice shall be rnailed to each party at the adda'ess of the party given at the <br />beginr►ing of this Security 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 other applicable law or in equity, demand, <br />notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice. <br />REQUE$T FOR NOTICES: Grantor requests that copies of the notice of default and notice of sale be sent to the <br />address of each party given at the beginning of the Security Instrument. <br />'�O THE EXTENT PERMITTED BY LAW, GRANTOR WANES ANY RIGHT TO NOTICE, OTHER <br />THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, <br />JUDICIAL OR O'THERWISE, PRIOR TO LENDER EXERCISiNG ITS RIGHTS iIND�R THIS <br />SECURITY INSTRUMENT. <br />WAIVER OF APPRAISEM�NT RIGHTS. Grantor waivcs all appraisement rights relating to the Property to <br />the extent pernutted 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 Instnunent or in the avent Lender is made party to any litigation <br />because of the existence of the Indebtedness or this Security Instrument, as well as court costs, callection charges <br />and reasonable attorneys' fees and disbursem�ents. <br />ASSIGNASILITY. Lender may assign or otherwise transfer this 5ecurity Instiument or any of Lender's rights <br />under this Security Insh 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 Security Instrument will be governed by the laws of the State of Nebraska including <br />all proceedings arising from this Security Tnstrument. <br />SEVERABII.ITY. If a court of competent jurisdiction determines any tezm or provision of this Security <br />Tnstrument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent <br />requix'ed. Aaay term or provision that has been detemuned to be invalid or prohibited will be severed from the rest <br />of the Security Instzument without invalidating the remainder of either the affected provision or this Security <br />Instrument. "' <br />WAIVER O�" JURY TRIAL. All parties to this 5ecurity 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, or otherwise, arising out of, in connection with, related to, or incidental to the relationshtp established <br />between them in this Security Instrument or any other instrument, document or agreement execated or <br />delivered in connection with this Security Instrument or the related transactions. <br />ENTIRE AGREEMENT OF THE PARTIES. This agreeranent, 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. This agraement supersedes all prior oral or written agreements, commitments and <br />understandings between the parties relating ta the subject matter of this agreement and cannot be changed or <br />terminated orally, and shall be deemed effective as af the date noted above. <br />By signing this Security Instrument, each Grantor acknowledges that all provisions have been read and <br />understood. Signed and sealed by Grantor(s): <br />RIEF DEVELOPMENT, L.L.C. <br />� �Z � � <br />By: Scott R.�ef Date <br />Its: Member <br />� 2004-2010 Compliancc Systcros, Ine. F947-BAEE - 2010.0,5.365 <br />Commereial Resl Estate Securiry Ins[rumen[ - bIA007 Page 4 of 5 www.eomplianeeaystema.com <br />