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201508663 default or Event of Default shall have occurred (and be continuing upon the expiration of any applicable cure period, if any) hereunder, under the Note, or under any of the other Loan Documents. In the event that the Borrower complies with the foregoing terms, Lender agrees to execute an appropriate deed of release with respect to such portion of the Mortgaged Property in order to effectuate such release. Borrower agrees to pay all costs and expenses of Lender associated with the preparation and filing of such release. 51668048.5 33. Miscellaneous. (a) Time is of the Essence. Time is of the essence of this Mortgage. (b) Captions and Pronouns. The captions and headings of the various Sections of this Mortgage are for convenience only, and are not to be construed as confining or limiting in any way the scope or intent of the provisions hereof. Whenever the context requires or permits, the singular shall include the plural, the plural shall include the singular, and the masculine, feminine and neuter shall be freely interchangeable. (c) Maximum Amount Secured. Notwithstanding anything contained herein to the contrary, in no event shall the Debt exceed an amount equal to $6,500,000; provided, however, in no event shall the Lender be obligated to advance funds in excess of the face amount of the Note. This Mortgage shall be governed by all provisions of Neb. Rev. Stat. § 76 -1002 (Reissue 2009). (d) Trustee. Borrower agrees that the Trustee and any successor or substitute trustee may be an officer, agent, attorney, or employee of the Lender and any objections to such fact which might be made by the Borrower, its heirs, successors, or assigns, are hereby waived; provided that such person qualifies under Neb. Rev. Stat. §76 -1003 (Reissue 1996). (e) Substitute Trustee. In case of the death, inability, refusal to act, resignation, or absence of the Trustee from the State of Nebraska, or in case the holder of the Debt shall desire for any reason to remove the Trustee or any substitute trustee hereunder and to appoint a new trustee in his place and stead, the holder of the Debt is hereby granted full power to appoint in writing a substitute trustee for said Trustee, and the substitute trustee shall, when appointed, become successor to the title to the Mortgaged Property and the same shall become vested in him in trust for the purpose and objects of this Mortgage with all the powers, duties, and obligations herein conferred on the Trustee. In the event any foreclosure advertisement is running or has run at the time of such appointment of a substitute Trustee, the substitute Trustee may consummate the advertised sale without the necessity of republishing such advertisement. The making of oath or giving of bond by Trustee or any successor Trustee is expressly waived to the maximum extent permitted by law. (f) Acceptance by Trustee. The Trustee accepts this trust when this Mortgage, duly executed and acknowledged, has made it public record as provided by law. 29