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2 0�10545 <br />Security Instrvment shall be deemed to constitute a course of conduct inconsistent with Lender's right at an '�time, <br />before or after an event of default, to demand strict adherence to the terms of this Security Instrument d the <br />Related Documents. <br />SUBSTITUTE TRU5TEE. Lender, at its option, may from time to time remove Trustee and appoint a suc essor <br />trustee to any Trustee appointed hereunder by an instrwnent recorded in the county in which this S curity <br />Instntment is recorded. Without conveyance of the Property, the successor trustee shall succeed to all th ' title, <br />power and duties confened upon Trustee herein and by applicable law. <br />JOINT AND SEVERAL LIABILTI'Y. If this Security Insirument should be signed by more than one pers n, all <br />persons executing this Security Instrument agree that they shall be jointly and severally bound, where permi ed by <br />law. <br />SURVIVAL. Lender's rights in this Security Instrument will continue in its successors and assigns. This S curity <br />Instrument is binding on all heirs, executors, administrators, assigns and successors of Grantor. <br />NOTICES AND WAIVER OF 1�TOTIC�. Unless otherwise required by applicable law, any notice or d and <br />given by Lender to any party is considered effective when it is deposited in the United States Mail 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. o the <br />extent permitted by law, Grantor waives notice of Lender's acceptance of this Security Instrument, defenses based <br />on suretyship, a.ny defense arising from any election by Lender under the United States Bankruptcy Code, U' orm <br />Commercial Code, as enacted in the state where Lender is located or other applicable law or in equity, d d, <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 party given at the beginning of the Security Instrument. <br />TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, C <br />THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEA <br />JUDICIAL OR OTHERWISE, PRIOR TO LENDER EXERCISING ITS RIGHTS UNDER <br />SECURITY INSTRUMENT. <br />WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Prop rty to <br />the extent permitted by law. <br />LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connecrion with enfor ement <br />of its rights under the Indebtedness, this Security Instrument or in the event Lender is made party to any liti ation <br />because of the existence of the Indebtedness or this Security Instrument, as well as court costs, collection c ges <br />and reasonable attomeys' fees and disbursements. <br />ASSIGNABILITI'. 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 r 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 inc uding <br />all proceedings arising from this Security Instivment. <br />SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this S curity <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 e rest <br />of the Security Instrument without invalidating the remainder of either the affected provision or this S curity <br />Instrument. <br />WAIVER OF JiJRY TRIAL. All parties to this Security Instrument hereby l�owingly and volu tarily <br />waive, to the fullest ea�tent permitted by law, any right to trial by jury of any dispute, whether in co tract, <br />tort, or otherwise, arising out of, in connection with, related to, or incidental to the relationship esta lished <br />between them in this Security Instrument or any other instrument, document or agreement egecu ed or <br />delivered in connection with this Security Instrument or the related transactions. <br />ENTIItE 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 atter <br />of this agreement. This agreement supersedes all prior oral or written agreements, commitmen and <br />understandings between the parties relating to the subject matter of this agreement and cannot be chan ed or <br />ternunated orally, and shall be deemed effective as of the date noted above. <br />By signing this Security Instrument, each Grantor acknowledges that all provisions have been re d and <br />understood. Signed and sealed by Grantor(s): <br />����� � 7 �� - � C <br />Robert Arends Date <br />Individually <br />m 2004-2010 Compliance Systems, Inc. F947-CABB - 2010.05365 <br />Commerciel Real Estate Security Iestrument - DIA007 Page 4 of 5 <br />