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201101798 statements made in it. If Lender chooses to invoke the power of sale, I.ender or Tnutee will provide notice of sale pun7aant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the forecFosure hereof may, at the option of I.ender, be made en masse. The commencement of praceedings to foreclose this Securiry Instrument in any manner auttwrized by law shall be deemed as exercise of the above option Upon the occwrence of an Event of Default, Lender shall immediately be entitled to make applicaGon for and obtain the appointment of a receiver for the Property and of the earnings, income, issue and profirs of it, with the powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appoinhnent and waives nodce of any application therefor. NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shatl affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of any right, reraedy, power or priviiege. No Lender de(ay or faiiure to demand strict adherence to the temis of ttris Security Imsuument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any tinne, before or after an event of defauit, W demand strict adherence to the terms of this Securiry Instrument and the Related Documents. SUBSTITU'1'E TRU51'EE. Lender, at its option, tnay from time to time remove Trustee and appoiut a successor trustee to any Trustee appointed hereunder by an insttument recorded in the county in whieh this 5ecuriry Instrument is recorded. Without conveyance of the Property, the successor mutee shall succeed to all the title, power and duties confeneci upon Trustee herein and by applicabte law. JOINT AND SEVERAL LIABILTI'Y. If this Securiry Instrument should be signed by more than one person, all persons executing this Security Instrument agree that they shali be joindy and severaliy bound, where permitted by law. SURVIVAL. Lender's rights in this Security lnstrument will continue in its successors and assigns. This SecuriCy Instrument is binding on a11 heirs, executors, administrators, a.asigns and successors of Grantor. NOTICES AIYD WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand given by L.ender to any party is considered effecrive when it is deposited in the United States Mail with the appropriate postage. A copy of any notice shall be mailed to each party at the address of the parey givea at the beginning of this Securiry Instrument unless an alteroative address has been provided to Lender in wriring. To the extent percnitted by taw, Grantor waives notice of Lcnder's acceptance of ihis Securiry Instrument, defenses based on saretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uniforni Commercial Code, as enacted in the state where I.ender is located or other appGcable law or in equity, demand, notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other nodce. YtEQUEST BOR NOTICES: Grantor requests that copies of the notice of default and notice of sale be sent to the address of each party given at the beginning of the Security lnstrument. TO TIIE EXTENT PERMT!"!'ED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, JUDiCIAL Oli OTHERWISE, PRIOR TO LENDEK EXERCISING 1TS RIGR'TS UNDER THIS SECURITY INSTRUMENT. WAIVER OF APPRA?SEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to the extent permitted by law. LENDER'S EXPENSES. Grantar agrees to pay all sxpenses incurred by Lender in connecdon with enforcament of its rights under the Indebtedness, this Security Instrument or ui Ehe event L,ender is made party to any litigation because of the existence of the Indebtedness or this Securiry Instrurnent, a.a wel] as court costs, collection charges and reasonable attorneys' fees and disbursements. ASSIGNABILITY, Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights under this Security Instrument without notice to Grantor. Grantor may not assign this Security Instrument or any part of the Security Instrument without the express written consent of Lender. GOVERNING LAW. This Securiry Instrument will be governed by the laws of the State of Nebraska including all proceedings arising from this Security Instrument. SEVERABIL[TY. If a court of campeteut jurisdiction deternvnes any term or provision of this Security Tnsuument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent required. P,ny term or provision that k�as been deteimined to be invalid or prohibited will be severed from the rest of the Security Instrument witttout invalidating the remainder of either the affected pmvision or this Security Instrument. UNIFORM COMMERCIAL CODE (U.C.C.) Grantor agrees that this Security Insmiment st�all suffice as a financing statement and may therefore be filed of record as a financing statement for the pwposes of Article 9 of the Uniform Commercial Code. Grantor authorizes Lender to file any financing statemonts required under the Uniform Commercial Code. CONSTRUCTIOIV FIXTURES. This Security Instrument shall constitute a security agreement es defined in the Unifomi Couunercial Code (the "Code"), and Mortgagor hereby grants to Lertder a security interest within the meaning of the Cnde in favor of L,ender in all of Mortgagor's now owned and hereafter acquired goods, build'uzg materiais, supplies, inveatory, equipment, accounts, contract rights, inshwnents, documents, chattel paper, general intangibles and personal pmperty located ak upon or in any way related to the construction of itnQrovemenGc or the �5 D60t-ZOIp CompHeoce Syxans, lrc. FW7:�6Ef. -:tlI0.0.�.365 Commrncitl Com��rucrion 5carity Intmmw� - DL7007 PBgi 4 n(4 aww.rompfianasyste�m.mm � ��fl,