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<br />statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale
<br />pursuant to applicable law. Any such sale or a sale' made pursuant to a judgment or a de�ree for the foreclosure:'
<br />hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this
<br />Securiry Instrwnent in any manner authorized by law shall be deemed as exercise of the above option. ,.. ,
<br />: . �
<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 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 oprion, 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 />Instrwnent is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title,
<br />power and duries conferred upon Trustee herein and by applicable law.
<br />JOINT A1�1D 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 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 />Instiument is binding on all heirs, executors, administrators, assigus 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 pariy 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 alternative 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 />on suretyship, any defense arising from any election by Lender under the United Sta.tes 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 />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 beginning of the Security Instcvment.
<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 EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with 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, collecrion charges
<br />and reasonable attorneys' fees and disbursements.
<br />ASSIGNABILITY. Lender may assign or otherwise transfer this Security Insriument or any of Lender's rights
<br />under this Security Insmzment 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. This Security Instrument will be governed by the laws of the State of Nebraska including
<br />all proceedings arising from this Security Instrument.
<br />SEVERABILITY. 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 lnstrument 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 egecuted or
<br />delivered in connection with this Security Instrument or the related transactions.
<br />ENTIRE 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 matter
<br />of this agreement. This agreement supersedes all prior oral or written agreements, commitments and
<br />� 2004-20I I Compliance Systems, Ina COFO-F4E7 - 2010L1.15.441 � � � � � �° -- �
<br />t:nmmerc;el Real Faia[e Securitv In.a[niment - DL4007 Paxa 4 of 5 . _ � �.i ��' � www cbmCliancesvstems.com
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