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20110421G <br />Security Instiument 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 Iaw. <br />JOINT AND SEVERAL LTABILITY. 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 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 pariy given at the <br />beginning of this Security Inshument unless a� alterna�ive address has been provided to Lender in writing.. To the <br />extettt permitted by law, Grantor waives notice of Lender's acceptance of this Security Inshvment, defenses based <br />on sureryship, 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 />d <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 begiiming 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. <br />LENDER'S EXPENSE5. Grantor agrees to pay all expenses incuned by I,ender in connection with enforcement <br />of its rights under the Indebtedness, this Security Tnsirument 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. L,ender may assign or otherwise transfer this Security Instru.ment 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 tlie Security Instrument without the express written consent of Lender. <br />GOVERNING LAW. T'his Security Instrument will be governed by the laws of the State of Nebraska including <br />all proceedings arising from tlus Security Instrument. <br />SEVERABILTTY. 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 tlie remainder of either the affected provision or this Securiry <br />Instrument. <br />WAIVER OF JiTRY TRIAL. All parties to this Security Instrumenf hereby knowingly and voluntariiy <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 connect�on 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 agreemant, including all agreements refened to or <br />incorporated into this agreernent, 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 />tenninated orally, and sha11 be deemed effective as of the date aoted above, <br />By signing this Security Instrument, each Grantor acknowledges that aII provisions have been read and <br />understood. Signed and seal by G ntor(s): <br />�- � � ��� <br />� <br />Brian D. Levander Date <br />Individually <br />� 2004-2010 Compliance 3ystemy, Inc. F947-21 DE - 20I0.05365 <br />Commercial Real Fstate Security Instrument _ Dy4pp7 Page 4 of 5 www.comptiancavystema.com <br />