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<br />201101�80
<br />Inst. 2011 • 1 5 9 9 '
<br />powers as the'court making the appointments confers. Grantor hereby irrevocably consents to such appointment �
<br />and waives notice of any application therefor. - -
<br />NO WANER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall
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<br />affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise o
<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 an,y, 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 recarded. 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 />JnINT AND SEVERAL LIABILITY. If this Seciu•ity Insmzinent should be signed by more tF�an one person, a11
<br />persons executing this Security Instrument agree that they shall be jointly and severally bound, where permitted by
<br />law. .
<br />SURVIVAL. 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 WANER OF NOTICE. Unless 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 writing. To the
<br />extent permitted by law, Grantor waives notice of Lender's acceptance of this Security Instrument, defenses based
<br />on swetyship, any defense arising from any election by Lender under the United States Bankruptcy Code;, Unifo,tm
<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 Insmxment.
<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 Properiy to
<br />Ciie ex�ent permitted by iaw.
<br />LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement
<br />o: iis r:ghts und�r the Ir�debtedtiess, tr,is Security Instrwnent ar in the c=✓ent Lender is made party to any litigation
<br />because of the existence of the Indebtedness or this Security 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 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 />all 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 detertnined 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 Security
<br />Instrument.
<br />WANER OF 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 con�ection with this Secaarity Instrur.�ent or the related transactions.
<br />ENTIRE AGREEMENT OF THE 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. This agreement supersedes all 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 />O 2004-2010 Comphance Systems, Inc. F947-400F - 2010.05.365 � � /�/ � � ! ' � ' , � -.- .' ' � ,- �:
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