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201100260 37. SEVERABILITY; AMENDMENTS. The invalidity or unenforceability of any provision of this Instniment shall not affect the validity or enforceability of any other provision, and all other provisians shall remain in full force and effect. This Instrument contains the entire agreement among the parties as to the rights granted and the obligations assumed in this Instrument. This Instrument may not be amended nr modified except by a w�riting signed by the pariy against wham enfareement is sought. 38. CONSTRUCTIUN. The captions and headings of the sections of this Instrument ar� for convenience only and shall be disregarded in consiruing this Instrument. Any reference in this Instrum�nt to an "�,xhibit" or a"Section" shall, unless atherwise explicitly provided, be construed as referring, respectively, to an Exhibit attached to this Insttviment or to a 5ection nf Chis Instrument. All Exhibits attached to ar refened ta in this Instrument are incorporated by reference into this Instrument. Any reference in this Instrument to a statute or regulation shall be construed as refenring to that statute or regulation as amended from time to time. Use of the singular in this Agreement includes the plural and use of the plural includes the singular. As us�d in this Instrument, the term "ineluding" means "including, but not limited to." 39. LOAN SERVICING. All actions regazding the servicing of the laan evidenced by the Note, includin� thc collection of payments, the giving and receipt of notice, inspections of the Property, inspections of books and records, and the granting of consents and approvals, may be taken by the Laan Servicer unless Borrower receives notice to the cantrary. If Bvrrower receives canflicting notices regardin� the identity of the Loan Servicer or any other subject, any such notice fram Lendcr shall govern. 4Q. DISCLOSURE OF INFORMATYON. Lender may furnish infarmation regarding Borrower pr the Mortgaged Property ta third parties with an existing or prospectivc interest in the se�rvicing, enforcement, evaluation, performance, purchase ar securitization of the Indebtedness, including trustees, mastsr serviccrs, special servicers, rating agencies, and organizations maintaining databases on the undenvriting and perf`ormance af multifamily mortgage loans. Sarrower irrevocably waives any and all rights it may have under applicablc law to prohibit such disclosure, including any right af privacy. 41. NO CHANGE YN FACTS OR CIRCUMSTANCES. All information in the application fvr the loan subrnitted to Lcnder (the "Laan Applicallon") arxd in a11 financial statements, rent rolls, reports, certificatcs and other documents submitted in connection with the Loan Applicati�n are complete and accurate in all material respects. There has been no material adverse change in any fact or circumsiance that would make any such infarmation incomplete or inaccurate. FANNIE MAE M�ILTIFAMILY SECURITY IN5TRUMENT - Form 4QZ$ 06/09 Page 36 NEBRASKA � 1997-2pp9 Fannie Mae