Laserfiche WebLink
� 01 �. 0 516 �. Y � , - • � <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 the Property and of the earnings, income, issue and profits of it, with the <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 WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall <br />affect that right, remedy, power or privilege nor shall any single or partzal exercise thereof pxeclude the exercise of <br />any ritght, 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 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 rime to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in tha county in which this Security <br />Instrument is recorded. Without conveyance of the Property, the successor trustee sha11 succeed to all the title, <br />power and duties conferred upon Trustee herein and by applicable law. <br />JOINT AND SEVERAL LIABILIT�i'. If this Security Instrum�nt should be signed by more than one person, all <br />persons executing this Security Insttument agree that they shall be jointly and severally bound, where permitted by <br />law. <br />SURVIVAL. Lender's rights in this 5ecurity Instrument will continue in its successors and assigns. This Security <br />Instrument is binding on a11 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 party given at the <br />beginning of thiis Security Instrument unless an altemative 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 />ott 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, presentnnent, protest, notice of dishonor and atty 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 pariy given at the beginning of the Security Instrument. <br />TO THE EXTENT PERMTTTED 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 TTS RIGHTS UNDER TffiS <br />5ECURTTY 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 EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement <br />of its rights under the Tndebtedness, this Security Instrument 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 transfer 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 Inst�vment without the express written consent of Lender. <br />GOVERNING Y.A6V. This Security �nstrument will be govPr�ed by the l���s of the State o£Nebraslca including <br />all proceedings arising from this Security Ittstrument. ` <br />SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security <br />Instrument is invalid or prolubited 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 Inst7ument without invalidating the remainder of either the affected provision or this Security <br />Instrument <br />WAIVER OF JURY TRIAL. All parties to tlus 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 5ecurity Instrument or any other instrument, document or agreement ezecuted or <br />delivered in connection with tlus Security Instrument or the related transactions. <br />ENTIRE AGREEMENT OF THE PARTIE5. This agreement, including all agreements refened 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 />� 20042010 Compliance Systems, Inc. F947-2FB0 - 2010.05365 <br />Commercial Conshvction Security Insm�ment - bL4007 Pege 4 of 5 www.compliancesyatems.com <br />