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<br />- �*�'�10545v
<br />NO WAIVER. No delay or failure of Lander 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 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 counry 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 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 joitttly and severally bound, where permitted by
<br />1aw.
<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 parly 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. To the
<br />extettt permitted by law, Grantor waivas notice of L,ender's acceptance of this Security Instrurnent, 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 Iocated 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 />REQiJEST 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 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 INSTRUMENT.
<br />WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Properly to
<br />the extent pernutted by law.
<br />LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection wif,h enforcement
<br />of its rights under the Indebtedness, 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 attornays' fees and disbursemettts.
<br />ASSIGNABILIT'Y. 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 5ecurity Instrument or any
<br />parf of the Security Insh'ument without the express written consent of Iznder.
<br />GOVERNING LAW. This Security Instrument will be governed by the laws of the State of Nebraska including
<br />all proceedings arising from this Security Instrument. °
<br />SEVERABILTTY. If a court of competent jurisdiction determiues 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 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 auy 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 />ENTIItE AGREEMENT OF THE PARTIES. This agreement, including a1I 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 />termivated orally, and sha11 be deemed affective as of the date noted above.
<br />By si �� is Sec : strument, each Grantor acknowled that all provisions have been read and
<br />und � o ig , sealed by Grantor(s): ,
<br />-� ��-t 1 �� ��- �
<br />L.
<br />Date
<br />Individually /
<br />(
<br />� 2004-2010 Compliance $ystemy, Ine. F947-B770 - 2010.03365
<br />Commerciei Real Fstate Securify Inatrument - DLA007
<br />Oscar D. Erives
<br />Tndividually
<br />Page 4 of 6
<br />Date
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