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201404242
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Last modified
8/19/2014 2:26:25 PM
Creation date
7/14/2014 8:46:46 AM
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DEEDS
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201404242
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201 4c 242 <br />Mortgagee's address stated herein or to such other address as Mortgagee may designate by notice to <br />Mortgagor as provided herein. Any notice provided for in this Mortgage shall be deemed to have been <br />given to Mortgagor or Mortgagee when given in any manner designated herein. <br />Governing Law; Severability. The Promissory Notes and this Mortgage shall be governed by the <br />laws of the State of Nebraska. In the event that any provision or clause of this Mortgage or the <br />Promissory Notes conflicts with the law, such conflict shall not affect other provisions of this Mortgage <br />or the Promissory Notes that can be given effect without the conflicting provision, and to this end the <br />provisions of the Mortgage and the Promissory Notes are declared by be severable. <br />Assignment of Rents; Appointment of Receiver; Mortgagee in Possession. As additional security <br />hereunder, Mortgagor hereby assigns to Mortgagee the rents of the Property; however, so long as the <br />Promissory Notes is not in default, Mortgagor shall have the right to collect and retain such rents as they <br />become due and payable. <br />At any time following the occurrence of a default under the Promissory Notes or under this <br />Mortgage, Mortgagee shall be entitled to a receiver for the Property and shall also be so entitled during <br />the time covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled <br />thereto as a matter of right without regard to the solvency or insolvency of Mortgagor or of the then <br />owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any <br />Court or competent jurisdiction upon ex parte application and without notice, notice being hereby <br />expressly waived. <br />At any time following the occurrence of a default under the Promissory Notes or under this <br />Mortgage, Mortgagee, in person or by a judicially- appointed receiver, shall be entitled to enter upon, take <br />possession of and manage the Property and to collect the rents of the Property including those past due. <br />All rents collected by Mortgagee or the receiver shall upon the occurrence of a default under the <br />Promissory Notes or under this Mortgage, Mortgagee, be applied, first, to payment of the costs of <br />preservation and management of the Property, second, to payments due upon prior liens, and then to the <br />sums secured by this Mortgage. Mortgagee and the receiver shall be liable to account only for those rents <br />actually received. <br />Waiver of Exemptions. Mortgagor hereby waives all right of homestead and any other exemption <br />in the Property under state or federal law presently existing or hereafter enacted. <br />Partial Release of Property. The parties agree that in the event the Mortgagor sells, exchanges, or <br />otherwise transfers title to a part of the Property, upon request, the Mortgagee shall release its lien secured <br />by this Mortgage as to said Property upon receipt of adequate assurance that such partial release will not <br />impair the Mortgagor's ability to pay the remaining balance of the sums due hereunder. <br />Subordination of Lien. The parties agree that the lien of this Mortgage may be subordinated to <br />the lien of the a commercial lending institution upon mutual agreement of the Mortgagor and Mortgagee <br />provided; (a) such subordination will not impair the Mortgagee's lien to any extent other than priority of <br />the respective liens; and, (b) Mortgagor reimburses Mortgagee for its attorney's and accountant's fees and <br />expenses incurred in connection subordination. <br />Wrap Around Provisions. Mortgagor and Mortgagee acknowledge that there presently exists a <br />promissory note secured by a deed of trust encumbering the Property secured by this Mortgage executed by <br />
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