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MORTGAGE 2 0�. 2 0 3 5'� �
<br />(Continued) Page 7
<br />Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and atl right to have
<br />the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the
<br />Property together or separately, in one sale or by separete sales. Lender shall be entitled to bid at any public sale
<br />on all or any portion of the Property.
<br />Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal
<br />Property or of the time after which any private sale or other intended disposition of the Personal Property is to be
<br />made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.
<br />Any sale of the Personal Property may be made in conjunction with any sale of the Real Property.
<br />Electlon of Remedlea. All of Lender's rights and remedies will be cumulative and may be exercised alone or
<br />together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If
<br />Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's
<br />failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise
<br />Lender's remedies.
<br />Attorneys' Fees; Exp�nses. If Lender institutes any suit or action to enforce eny of the terms of this Mortgege,
<br />Lender shall be entitled to recover such sum as the court mey edjudge reasonable as ettorneys' fees at trial and
<br />upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness peyable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any
<br />court costs, in addition to all other sums provided by law.
<br />NOTICES. Any notice required to be given under this Mortgage, including without limitation eny notice o�, default and
<br />any notice of sale shall be given in writing, and shall be effective when actually delivered, when actuatly�received by
<br />telefacsimile (unless otherwise required by Iaw1, when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any
<br />lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this
<br />Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice
<br />to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice
<br />purposes, Grantor agrees to keep Lender informed at ell times of Grantor's current address. Unless otherwise provided
<br />or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice
<br />given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part af this Mortgege:
<br />Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with
<br />Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this
<br />Mortgage must be in writing and must be signed by whoever will be bound or obligated by the chenge or
<br />amendment.
<br />Captlon Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
<br />interpret or define the provisions of this Mortgage.
<br />Governing Law. With respect to procedurel metters related to the perfection and enforcement of Lender's rlghts
<br />against the Property, this Mortgage wlll be govemed by federal law appllcable to Lender and to the extent not
<br />preempted by federal lew, the laws of the State of Nebraska. In all other respecte, this Mortgege wili be governed
<br />by federal law appllcable to Lender and, to the extent not preempted by federal law, the lewa of the State of IlMois
<br />without regerd to Its conflicts of law provislona. However, H there ever Is e question about whethar any provlslon
<br />of thls Mortgage Is velid or enforceabie, the provlslon that la queatloned wlll be governed by whichever state or
<br />federal law would flnd the provlston to be valld and enforceable. The loan transactlon thet la evidenced by the
<br />Note and this Mortgage has been applied for, conaidered, approved and made, end all necessary loan documents
<br />have been ecc�pt�d by Lender In the State of 1111nois.
<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of MADISON County, State of Illinois.
<br />Jolnt and Several Liabilky. All obiigations of Grantor under this Mortgage shall be joint and several, and all
<br />references to Grentor shall mean each and every Grantor. This means that each Grantor signing below is
<br />responsible for all obligations in this Mortgage.
<br />No Waiver by Lender. Grantor understanda Lender will not give up any of Lender's rights under this Mortgage
<br />unless Lender does so in writing. The fact thet Lender delays or omits to exercise any right will not mean thet
<br />Lender has given up that right. If Lender does egree in writing to give up one of Lender's rights, that does not
<br />mean Grantor will not heve to comply with the other provisions of this Mortgage. Grantor also understands that if
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