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seeking or acquiescing in any reorganization, management, composition, readjustment,
<br />liquidation, dissolution or similar relief for itself or himself under any law relating to bankruptcy,
<br />insolvency or other relief for debtors, or (iv) seeks or consents to or acquiesces in the
<br />appointment or any trustee, receiver, master or liquidator of itself or himself or of all or any
<br />substantial part of the Mortgaged Property or of any or all of the rents, revenues, issues, earnings,
<br />profits or income thereof; or (v) makes any general assignment for the benefit of creditors; or (vi)
<br />makes an admission in writing of its or his inability to pay its debts generally as they become
<br />due; or (B) a court of competent jurisdiction enters an order, judgment or decree approving a
<br />petition filed against Mortgagor or Guarantor seeking any reorganization, arrangement,
<br />composition, readjustment, liquidation, dissolution or similar relief under any present or future
<br />federal, state, other status, law or regulation relating to bankruptcy, insolvency or other relief for
<br />debtors; or ( C ) any trustee, receiver or liquidator of Mortgagor or of all or any substantial part
<br />of the Mortgaged Property or of any or all of the rents, revenues, issues, earnings, profits or
<br />income thereof, or of Guarantor, is appointed without the prior written consent of Mortgagee.
<br />XI. REMEDIES. If an event of default have occurred, Mortgagee may declare the
<br />outstanding principal balance of the Mortgage Note and interest accrued thereon, and all other
<br />sums secured hereby, immediately due and payable without demand or notice. Mortgagee may
<br />proceed to file suit or by other appropriate proceeding to enforce the terms of the Mortgage Note,
<br />Mortgage Deed and any other Loan Documents in order to secure full payment plus all costs of
<br />collection including attorney's fees. Upon any sale of the subject property at foreclosure sale,
<br />Mortgagee may bid for and purchase the subject property, retain and possess and dispose of such
<br />property in its absolute right without further accountability and effect upon its rights to a
<br />deficiency judgment. If an event of default shall have occurred, Mortgagee to the extent
<br />permitted by law, and without regard to the value or occupancy of the security, shall be entitled
<br />as a matter of right to the appointment of a Receiver without notice to the Mortgagor to enter
<br />upon and take possession of the Mortgaged Property and to collect all rents, revenues, profits and
<br />income thereof and apply the same as the court may direct. Mortgagor further consents to the
<br />appointment of the Mortgagee or any officer or employee of the Mortgagee as receiver.
<br />XII. DELAY OR OMISSION NO WAIVER. No delay or omission of the Mortgagee or
<br />of any holder of the Note to exercise any right, power or remedy hereunder or remedy accruing
<br />upon any event of default shall exhaust or impair any such right, power or remedy or shall be
<br />construed to waive any such event of default or to constitute acquiescence therein. Election by
<br />the Mortgagee to waive or fail to exercise its rights shall not affect or extend to any subsequent
<br />event of default, or failure to exercise its rights, powers or remedies.
<br />XIII. HEIRS, SUCCESSORS AND ASSIGNS INCLUDED AS PARTIES. Whenever
<br />one of the parties hereto is named or referred to herein, the heirs, successors and assigns of such
<br />party shall be included and all covenants and agreements contained herein shall bind and inure to
<br />the benefit of their respective heirs, successors and assigns.
<br />XIV. INVALID PROVISION SHALL NOT AFFECT OTHERS. In the event that any
<br />provision in the Mortgage Deed, Mortgage Note or any Loan Document is declared invalid,
<br />illegal or otherwise unenforceable, the validity of the remaining provisions shall remain in full
<br />force and effect and shall not be affected, prejudiced or disturbed thereby.
<br />XV. DEFAULT RATE. The default rate of interest shall be the highest rate of interest
<br />allowed to be charged by applicable law.
<br />XVI. GOVERNING LAW. The Mortgage Deed, Mortgage Note and all Loan
<br />Documents shall be construed and interpreted according to Nebraska law.
<br />IN WITNESS WHEREOF, the undersigned execute this instrument the day and year
<br />above first written.
<br />fi tness: Janice K. Boehle
<br />MORTGAGOR:
<br />by:
<br />1
<br />201309287
<br />Cuban Investment, LLC,
<br />a Nebraska li = ited liability company
<br />o . Capote, Member
<br />4 Grand bland, Nebraska 68801
<br />by: Zainab Lopez Hernandez, Member
<br />116 West 4 Grand Island, Nebraska 68801
<br />
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