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<br />20�.1052�4
<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 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 Instrument shall be deemed to constitute a course of conduct inconsistant 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.
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<br />SUBSTTTUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoittt 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 tide,
<br />power and duties conferred upon Trustee herein and by applicable law.
<br />JOINT AND SEVERAL LIABILTTY. If this Security Instrument should be signed by more than one person, all
<br />persons executing this Security Instrument agree that they shall be jo'vntly and severally bound, whera permitted by
<br />law.
<br />SUR�IVAL. Lender's rights in this Secwrity 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 />NOTICE5 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 this 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 Inst►vment, defenses based
<br />on 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, dema.nd,
<br />notice of acceleration, notice of nonpayment, presentment, protest, norice of dishonor atid any other notice.
<br />REQUEST FOR NOTICES: Grantor requests that copies of the notice of default and notice of sale be sent to t1�e
<br />address of each party given at the beginning 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 IN5TRUMENT.
<br />WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relatittg to the Property to
<br />the extent permitted by law. _•
<br />LENDER'S EXPENSE5. Grantor agrees to pay all expenses incurred by L,ender in connection with enforcement
<br />of its rights under the Indebtedness, t2us 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 Instrvment 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. T`kis Security Instrument will be govemed by the laws of the State of Nebraska nicluding
<br />all proceerlings arising from this Security Inshument. _
<br />SEVERABILITY. Tf a court of competent jurisdiction determines any term or provision of this Security
<br />Instnunent 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 the remainder of either the affected provision or this Security
<br />Instrument.
<br />WAIVER 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 connection with this Security Instrument or the related transactions.
<br />ENTIRE AGREEMENT OF THE PARTIES. This agreement, inclu@ing all agreements.:referred..to. or
<br />incorporated into this agreement, constitutes the entire agreement between the parties relating to the subjeet mateer
<br />of this agreement. This agreement supersedes all prior oral or written agreements, commitments and
<br />understandings between the partias relating to the subject matter of this agreement and cannot be changed or
<br />ternunated orally, and shall be deemed effective as of the date noted above.
<br />m 20042010 Compliance Syatews, Ina F947-7933 • 2010.05.3b5
<br />Commercial Real Estate Security Inatrument - DL4007 Page 4 of 6 www,complianeesystems.com
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