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51668048.5 <br />accrued thereon, to be forthwith due and payable, whereupon the same shall become and <br />be forthwith due and payable, without other notice or demand of any kind; provided, <br />however, if the Event of Default is under Section 7(e) of the Loan Agreement, all unpaid <br />indebtedness of Borrower hereby secured shall be immediately due and payable without <br />any action by Lender. <br />(b) Uniform Commercial Code. Lender shall, with respect to the Personal <br />Property, have all the rights, options and remedies of a secured party under the Code, <br />including without limitation, the right to the possession of any such property or any part <br />thereof, and the right to enter with legal process any premises where any such property <br />may be found. Any requirement of said Code for reasonable notification shall be met by <br />mailing written notice to Borrower at its address set forth in Section 27 hereof at least ten <br />(10) days prior to the sale or other event for which such notice is required. Any such sale <br />may be held as part of and in conjunction with any foreclosure sale of the other properties <br />and rights constituting the Mortgaged Property in order that the Mortgaged Property, <br />including the Personal Property, may be sold as a single parcel if the Lender elects. The <br />Borrower hereby agrees that if the Lender demands or attempts to take possession of the <br />Personal Property or any portion thereof in exercise of its rights and remedies hereunder, <br />the Borrower will promptly turn over and deliver possession thereof to the Lender, and <br />the Borrower authorizes, to the extent the Borrower may now or hereafter lawfully grant <br />such authority, the Lender, its employees and agents, and potential bidders or purchasers <br />to enter upon the Mortgaged Property or any other office, building or property where the <br />Personal Property or any portion thereof may at the time be located (or believed to be <br />located) and the Lender may (i) remove the same therefrom or render the same inoperable <br />(with or without removal from such location); (ii) repair, operate, use or manage the <br />Personal Property or any portion thereof; (iii) maintain, repair or store the Personal <br />Property or any portion thereof; (iv) view, inspect and prepare the Personal Property or <br />any portion thereof for sale, lease or disposition; (v) sell, lease, dispose of or consume the <br />same or bid thereon; or (vi) incorporate the Personal Property or any portion thereof into <br />the Land or the Improvements or Fixtures and sell, convey or transfer the same. The <br />expenses of retaking, selling and otherwise disposing of the Personal Property, including <br />reasonable attorneys' fees and legal expenses incurred in connection therewith, shall <br />constitute so much additional Debt and shall be payable upon demand with interest at the <br />Default Rate. <br />(c) Foreclosure. Lender may proceed to protect and enforce the rights of <br />Lender hereunder (i) by any action at law, suit in equity or other appropriate proceedings, <br />whether for the specific performance of any agreement contained herein, or for an <br />injunction against the violation of any of the terms hereof, or in aid of the exercise of any <br />power granted hereby or by law, or (ii) by the foreclosure of this Mortgage. In any sale <br />or suit to foreclose the lien hereof, there shall be allowed and included as additional Debt <br />in the decree of sale, all expenditures and expenses authorized by the laws of the State of <br />Nebraska, as from time to time amended and all other expenditures and expenses which <br />may be paid or incurred by or on behalf of Lender for reasonable attorney's fees, <br />appraiser's fees, outlays for documentary and expert evidence, stenographer's charges, <br />publication costs, and costs (which may be reasonably estimated as to items to be <br />expended after entry of the decree) of procuring all such abstracts of title, title searches <br />14 <br />201508663 <br />