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201404242
<br />PROVIDED ALWAYS, and these presents are upon the express condition that Mortgagors, its
<br />successors and assigns, shall pay or cause to be paid to Mortgagee, its successors and assigns, the sum of
<br />Two Hundred and Fifty -Eight Thousand and 00 /100 Dollars ($258,000.00), according to the terms, tenor,
<br />and effect of the two Promissory Notes secured hereby, bearing even date herewith, made and delivered
<br />by Mortgagor, payable to the order of Edward's Electronics, Inc. ($58,000.00), and 618 West 3` Street,
<br />L.L.C. ($200,000.00) in accordance with their respective terms after the date thereof, until paid in full.
<br />This Mortgage shall secure not only the above referenced Promissory Notes, but also any renewals and
<br />extensions thereof, until the full amount of principal and earned interest are paid in full.
<br />AND PROVIDED FURTHER, that if Mortgagor, its successors and assigns, shall and truly
<br />perform all and singular the several covenants, conditions, agreements, and promises contained in the
<br />Promissory Notes and these presents, and shall pay all sums of money for taxes, assessments, and
<br />insurance, as hereinafter provided, that these presents shall be null and void, otherwise to remain in full
<br />force and effect.
<br />Mortgagor expressly agrees to warrant and defend the Property against the lawful claims of all
<br />persons whomsoever, except as aforesaid, and that it will keep the improvements now or subsequently
<br />located on the Property insured against loss or damage by fire for the benefit of Mortgagee, its successors
<br />and assigns, so long as this Mortgage shall remain a lien upon the Property, in an amount equal to the fair
<br />market value of the improvements, in one or more insurance companies doing business in the State of
<br />Nebraska, with loss, if any, payable to Mortgagee; and that upon the failure so to keep said improvements
<br />insured as above stated, Mortgagee, its successors and assigns, may at once cause the same to be insured
<br />as above provided; and that Mortgagor will pay all taxes and assessments against the Property before the
<br />same become delinquent; and that in default thereof, Mortgagee, its successors and assigns, may at once
<br />pay the same; and if Mortgagee does make any such payments, the amount thereof may be added to the
<br />unpaid principal of the indebtedness secured hereby; and any such default on the part of Mortgagor shall
<br />be a violation or breach of this Mortgage.
<br />And it is expressly covenanted and agreed that if default shall be made in the payment of the
<br />Promissory Notes or any part thereof, or in the payment of any interest thereon, according to the tenor and
<br />effect of the Promissory Notes, and after the expiration of the grace period as therein provided; or if
<br />Mortgagee, its successors and assigns, shall allow the taxes or assessments upon the Property, or any part
<br />thereof, to become delinquent; or if there is an appointment of a receiver for any part of the Property, an
<br />assignment for the benefit of creditors by, or the commencement of a proceeding under any bankruptcy or
<br />insolvency laws of, by, or against Mortgagor, any of these happenings shall in like manner be deemed a
<br />default hereunder; or if Mortgagor, and/or its successors or assigns, shall fail to perform or keep any of
<br />the agreements, covenants, or promises contained in the Promissory Notes or in these presents, and if
<br />such violation or breach of said covenants, promises, or agreements is not cured within ten (10) days after
<br />written notice to Mortgagor, the entire remaining unpaid principal balance of the Promissory Notes,
<br />together with any and all interest thereon, shall, at the election of the lawful holders thereof, become due
<br />and payable at once; and Mortgagee, its successors and assigns, may proceed to foreclose this Mortgage
<br />for the purpose of satisfying and paying the entire indebtedness secured hereby, together with interest and
<br />all taxes and assessments which may have been paid by Mortgagee, its successors and assigns, as
<br />aforesaid, with interest on the same at the rate of eight percent (8 %) per annum from the date of such
<br />payments, all of which are to be included in the judgment or decree in such foreclosure suit or action.
<br />And in case suit be brought to foreclose this Mortgage, Mortgagor, for itself and its successors
<br />and assigns, agrees to pay reasonable attorneys' fees therefor and court costs thereof, which are to be
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