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� � �s- 000634 � ADDITIONAL PROVISIONS DEIITOR WARRANTS AND COVENANTS : ( 1) That except for the security interest granted hereby Debtor is, or to the extent thut this agreement states thnt the Collateral is to acquired after the date hereof, will be, the owner of the Collateral free from any adverse lien, security interest or encumbmnce; and thnt Debtor will defend the Collateral against all claims and demands of all persons at any time clniming the same or any interest therein. (2) That no financing staternent covering the Collateral or ttrty pm- ceeds thereof is on file in any public ofEice and that at the request of Secured Party, Debtor wiil join with Secured Party in executing one or more finuncing statements pursuunt to the Nebraska Uniform Commerciul Code in form satisfactory to Secured Party and will pay the cost of filing such financing statement, this security a�reement ¢nd any continuation or termination statement, in all public offices wherever filing is deemed by Secured Party to be necessary or desirable; zind if the Collateral is attached to rea] estate prior to the perfection of the security interestg anted hereby or if the Collateral indudes crops or oil, gas or minerala to be eztracted or timber to be cut, Debtor will, on demand of Secured Party, furnish Secured Party with a d'uclaimer or disclaimers or subordin- ation agteement signed by all persons having an interest in the real estate, d'uclaiming or subordinating any in[erest in the Collateral which is prior to tha interest of Secured Party. (3) Not to sell, transfer or dispose of the Collateral, nor take the same or attempt to ffike the same from the county where kept as above stated, without the prior written consent of the Secured Party. (4) To pay all to�ces and assessmenks of every nature which may be levied or assessed ag,ainst the Collateral. ( 5) Not to permit or allow any adverse lien, security interest or encumbrance whatsoever upo n the ColLateral, and not to permit the same to be uttached or replevined. (6) That the Collateral is in good mndition, and that he will at his own expense, keep the same in good rnndiHon and from time to time, forthwith, replace and repair all such parts of the Collateral �s may be broken, wom out or dam- aged without allowing any lien to be created upon the Collateral on account oF such replacemeat or repairs, und thnt the Secured Party may examine and inspeM the Collateral at any Nme, wherever Iorated. (7) Thnt he will at his own expense keep the C:ollateral insured in a rnmpany satisfactory to Secured Party against loss, as approp�aM, by theft, collision, fire nnd extended coverage, with loss pavable to Secured Party as its interest may appear, nnd will on demand deliver said policies of insurazice or fuznish prooE oF such insurance to Secured Party. ( 8) At its option Secured Party may Procure such insurance, discharge Wces, liens or security interesta or other encumbrunces at any time levicd or placed on the Collateral and may pay for the repair of uny damage or injury to or for the preservation and muintenunce of the Collateral. Debtor agrees to reimburse Secured Party on demand for any payment or expense incurred by Secured Party pursuant to the foregoing authorization. Until such reimbursement, the amount of any such payment, with interest at the rate of 9`6 per annum from date of payment until reimbursement, shall be added to the indebtedness owed by Debtor nad shall be secured by this agreement. ( 9) That he will not use the Collateral' in violation of any applicable statute, regulation or ordinance and if any of the Collateral is motor vehicles the same will not be rented, used in rental service nor in any speed or endurance contest. ( 10 ) Debtor will p¢y Secured Party any and ail costs and expenses incurred in recovering possession of the Collateral and incurred in enforcing this security ageement, and the same shall be secured by this . security agreement. -� UNTIL DEFAULT Debtor may have possession oF the Collateral and use it in any lawful manner not imm�sistent with this agreement and not inconsistnnt with any policy of insurance thereon, and upon default Secured Party shall hnve the immediate right to the possession of the CollateraL DEBTOR SHAI.L BE IN DEFAULT under this agreement upon the happening of any oF the following events or conditions: ( I) default in the payment of performance of any obligation, covenant or liability contained or refeaed to herein or in any note evidencing the same; (2) any warranty, representarion or statement made or furnished to Secured Party by or on behaII of Debtor proves to have been false in any material respect when made or furnished; ( 3 ) any event which results in the acceleration of the maturity of the indebtedness of Debtor to others under any indenture, agreement or undertaking; (4 ) loss, theft, damage, deshvction, sale or encumbzance to or of any oF the Collateral, or the muking of any levy, seizure or attnchment thereoE or there- on; (5) death, dissoiution, terminaHon of existence, insulvency, business failure, nppointment of a receiver of uny purt of the property oE, assignment for the benefit of creditors by, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Debtor or any guarantor or surety for Debtor. UPON SUCH DEFAULT and at any tune thereafter, or iF it deems itself 'visecure, Secured Party may declare all Oblig- ations secured hereby immediately due and payable and shall have the remedies of a secured party under the Nebraska Uniform Commercial Code. Secured Party may require Debtor to assemble the Collateral and deliver or make it available to Secured Yarty at a place to be designated by Secured Party which is reasonably rnnvenient to both parties. Unless the Collateral is perishable or threatens to declinesp eedily in value or is of a type customarily sold on a rerngnized market, Secured Pnrty will give Debtor reasonable notice of the time nnd place of any public sale thereof or of the time after which uny private sale or any other intended disposition therof is to ba made. The requirements of reasonable notice shnll be met if such notice is mailed, postage prepaid, to . the address oF Debtor shown at the beginning of this agreement at )east Eive days beEora the time of the sale or disposition. No waiver by Secured Party of any default shall operate as a waiver of any other default or of the sume defatilt on a fvture occ:asion. The teking of tl�is security agreem ent shell not waive or impair any other security said Secured Party may have or here- after acquire for the payment of the above indebtedness, nor shall the taking oF any such addiHonal security waive or impair this security agreement; but said Secured Party mny resort to any security it may have in the order it may deem proper, and nohvith- standing any colletetel security, Secwed Party shall retnin its rights of setoff ugnuut Debtor. All rights of Secured Party hereunder sLall inure to the beneEit of ita successors and assigns; and all promises and duties of Dabtor shall'bind his heirs, executoxs or adminislrators or his or its successors or assigns. if there be moze t2�an one Debtor, their liabilities hceunder shall be joint and several. This agreement shall become effective when it is signed by Debror. ...,._ . . . . . . . . . . � ':e'i _„y�. - l;�;` • � • 1� J SY3:. rF' 7�ri . �� ' '_M' .i i:w , Ic. : � J t r �