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. 201104201
<br />hereof may, at the option of Lender, be made en masse. The commencement of praceedings to foreclose this
<br />Security Instrument in any manner authorized by law shall be deemed as exercise of the above oprion.
<br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and
<br />obtain the appointment of a receiver for tke Property and of the eaznings, income, issue and profifis of it, with the
<br />powers as the court making the appointments confers. Grantor hereby irre�ocably consents to such appointment
<br />and waives notice of any application therefor.
<br />NO WAIVER No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder slzall
<br />affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of
<br />any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this
<br />Security InstrumeIIt'shall be deeimed to constitute a course of conduct inconsistent wit� 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 tlie
<br />Related Documents.
<br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Tnistee and appoint a successar
<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 applica.ble law.
<br />JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person, all
<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 WAIVER 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 m the United Staxes 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 writ�ng. To the
<br />eactent permitted by law, Grantor waives notice of Lender's acceptance of this Security Instrument, defenses based
<br />on suretyship, any defense arising from any elecrion by Lender under the United States Banlmiptcy Code, Uniform
<br />Cammercial 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 NOTICE5: Grantor requests that copies of the notice of default and notice of sale be sent to the
<br />address of each pariy given at the beginning of the Security Instrument.
<br />TO THE EXTENT PERNIITTED BY LAW, GRANTUR WAIVES ANY ItIGHT TO NOTICE, OTH�R
<br />THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING,
<br />JUDICIAL OR OTHERWISE, PRIOR TO LENDER EXERCISING TTS RIGHTS UNDER THI5
<br />SECURITY INSTRUMENT.
<br />WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appra.isement rights relating to the Properiy to
<br />the extent permitted by law.
<br />LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender i.n connection with enforcement
<br />of its rights under the Indebtedness, this Security Instruffient or in the event 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 traasfer this Security Instrument or any of Lender's rights
<br />under this Security Instivment without notice to Grantor. Grantor may not assign this Security Instrument or any
<br />part of the Security Instrument wi�hout the express written consent of Lender.
<br />GOVERNING LAW. This Security Instrument will be governed by the laws of the State of Nebraska includ3ng
<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 provisian wili 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 tt�e affected provision or this Security
<br />Instrument
<br />�VAIVER OF JURY TRIAL. All parties to this Security Instrument hereby l�owingly and�voluntarily
<br />waive, to the fullest extent permitted by law, gny right to trial by jury of any dispu�e, whether in cantract,
<br />tort, or otherwise, arising out of, in connection with, related to, or incidental to the relatianship established
<br />between them in this Security Instrument or any other instrument, document or agreement egecuted 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 />incorporated into this agreement, constitutes the entire agreement between the parties relating to the subject ma.tter
<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 />m 2004-2010 Complianco Systams, I�. F947-SDAC - 2010.05.363
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