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20110Z058 <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 terms of this Security Instrument and the <br />Related Documents. <br />SUBSTITUTE 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 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 Se�urity Instrument agree that they shall be jointly and severally bound, where permitted by <br />law. <br />SURVI,VAL. Lender's-rights in this Security Instrument 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 AND WAiVER OF NOTICE. Unless otherwise required by applicable law, any noYice 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 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 />REQUEST 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 />TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER <br />THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, <br />JUDICIAL OR OTHERWISE, PRIOR TO LENDER EXERCISING ITS RIGHTS UNDER THIS <br />SECURITY INSTRUMENT. <br />WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to <br />the extent permitted by law. LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in <br />connection with enforcement of its rights under the Indebtedness, this Security Instrument or in the event Lender is <br />made party to any litigation because of the existence of the Indebtedness or tbis Securiry Instrument, as well as <br />court costs, collection charges 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 Security Instrument will be governed by the laws of the State of Nebraska including <br />a11 proceedings arising from this Security Instrument. <br />SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security <br />Instrument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent <br />required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest <br />of the Security Instrument without invalidating the remainder of either the affected provision or this Securiry <br />Instrument. <br />WAIVER bF JURY TRIAL. All 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, 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 connection with this Security Instrument or the related transactions. <br />ENTIRE AGREEMENT OF THE PARTIES. This agreement, including all agreements referred to or <br />incarporated into this agreement, constitutes the entire a�re.ement between the parties relating to the subject matter <br />of this agreement. This agreem�nt supersedes alt prior oral or written agreements, commitments and <br />understandings between the _parties relating to the subject matter of this agreement and cannot be changed or <br />terminated orally, and shall be deemed effective as of the date noted above. <br />By signing this Security Instrument, each Grantor acknowledges that all provisions have been read and <br />derstood. Signed and sealed by Grantor(s): <br />�A '� l f ��, z -�-� / ( <br />THOMAS D. BEDNAR Date <br />Individually � <br />C�) 2004-2010 Gomplia�ce Systems, Inc..F947-2BB6 - 2010:0536i � � � - � � - � - � � � � � <br />Commercial Real Estate Security Inshument - DL4007 Page 4 of 5 www.compliancesystems.com <br />