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200003380
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Last modified
10/13/2011 12:41:29 PM
Creation date
10/20/2005 8:17:38 PM
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DEEDS
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200003380
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200003380 <br />Section 3.6 If Mortgagee at any time holds additional security or guaranty for any <br />obligations secured hereby, it may enforce the terms hereof or otherwise <br />realize upon the same, at its option, either before or concurrently herewith or <br />after proceedings for the enforcement hereof, and may apply the proceeds <br />upon the indebtedness secured hereby without affecting the status of or <br />waiving any right to exhaust all or any other security, including the security <br />hereunder, and without waiving any breach or default or any right or power <br />whether exercised hereunder. or contained herein or in any such other <br />security or guaranty. <br />Section 3.7 Mortgagee may apply the proceeds received from the exercise of its <br />remedies with respect to the Collateral or with respect to any other collateral <br />for the 2000 Notes or any collateral or other security provided for the <br />indebtedness secured by this Mortgage or with respect to such <br />indebtedness, as it deems appropriate in its discretion and without waiving <br />or affecting the status of any breach or default under the 2000 Notes, this <br />Mortgage, or the other Operative Agreements. <br />.w' <br />Section 3.8 No remedy herein conferred upon or reserved to Mortgagee is intended to <br />be exclusive of any other remedy herein or by law provided or permitted, but <br />each shall be cumulative and shall be in addition to every other remedy <br />given hereunder or now or hereafter existing at law or in equity or by statute. <br />Every power or remedy given by this instrument to Mortgagee or to which <br />Mortgagee may be otherwise entitled, may be exercised concurrently or <br />independently, from time to time and as often as may be deemed expedient <br />by Mortgagee and Mortgagee may, to the fullest extent permitted by law, <br />pursue inconsistent remedies. <br />IV. RIGHTS WITH RESPECT TO COLLATERAL UNDER UNIFORM COMMERCIAL <br />CODE. For purposes of this paragraph IV references to the Uniform Commercial <br />Code shall mean the Uniform Commercial Code of the State of Nebraska, as now <br />or hereafter amended. <br />Section 4.1 With respect to the security interest granted in Section 1.1, Mortgagee shall <br />have all the rights and remedies granted to a secured party under the <br />Uniform Commercial Code, as well as all other rights and remedies available <br />at law or in equity. In connection with any exercise of Mortgagee's rights as <br />a secured party under the Uniform Commercial Code, Mortgagor agrees that <br />Mortgagee or its representatives may, upon default, take possession of any <br />and all of items of the Collateral and may enter upon the Mortgaged <br />Property or any other property where any item of the Collateral may be <br />located and take possession of said item from any or all third parties and <br />Mortgagor acknowledges and agrees that any such taking of possession will <br />not be considered a breach of the peace and may be done without the order <br />of any court. The Mortgagor hereby agrees that upon any such taking of <br />2000 MORTGAGE <br />(Grand Island, Nebraska) <br />23 <br />
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