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200003380 <br />Section 2.26 If required by Mortgagee at any time during the term of this Mortgage, <br />Mortgagor will execute and deliver to Mortgagee, in form satisfactory to <br />Mortgagee, an additional security agreement and /or financing statement, <br />amendment statement or continuation statement covering all of the <br />Collateral which constitutes personal property or such other personal <br />property of Mortgagor which may at any time, then or thereafter, be <br />furnished, placed on, or annexed or made appurtenant to the Collateral and <br />used or held for use in the operation of the Collateral. Any breach of or <br />default under such security agreement shall constitute an event of default <br />under this Mortgage. No such additional security agreement shall, however, <br />be required and this Mortgage is intended to be and shall constitute a <br />security agreement and financing statement, and is intended when recorded <br />to result in a perfected security interest under the Nebraska Uniform <br />Commercial Code with respect to the Collateral. For this purpose, <br />Mortgagor shall be deemed the secured party, and Mortgagee the debtor. <br />Section 2.27 Mortgagor shall do any and all acts which, from Pe character or use of the <br />Collateral, may be reasonably necessary to protect and preserve the <br />security of Mortgagee, the specific enumerations herein not excluding the <br />general. <br />Section 2.28 Mortgagor will faithfully perform each and every covenant to be performed <br />by Mortgagor under any lien or encumbrance upon or affecting the <br />Collateral, including, without limiting the generality hereof, mortgages, deeds <br />of trust, leases, declaration of covenants, easements, agreements relating to <br />railroad trackage, conditions and /or restrictions and other agreements which <br />affect the Collateral, in law or in equity, which may be prior and superior to <br />the lien or charge of this Mortgage or beneficial to the Collateral. A breach <br />of or a default under any such lien, encumbrance or agreement shall <br />constitute an event of default under this Mortgage, provided, that Mortgagor <br />shall not be in default hereunder for any failure of performance on its part as <br />to any of the Permitted Leases described in Subsection 2.7(a) hereof. <br />Section 2.29 Upon election of Mortgagee so to do, employment of an attorney is <br />authorized and Mortgagor agrees, to the fullest extent permitted by law, that <br />Mortgagor shall pay all attorneys' fees, costs and expenses in connection <br />with any action or actions, whether they be judicial or non judicial in nature <br />and whether or not any lawsuit is actually filed (including the cost of <br />evidence or search of title, appraisal fees, the costs of an environmental <br />investigation, fees and costs of legal assistants and clerks and all other <br />costs and expenses now or hereafter permitted by law), which may be <br />brought for the foreclosure of this Mortgage, and /or for possession of the <br />Collateral, and /or the collection of the indebtedness secured hereby, and /or <br />for the appointment of a receiver, and /or for the enforcement of any <br />2000 MORTGAGE <br />(Grand Island, Nebraska) <br />`rll <br />