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200003380 require prompt payment when due of all other sums so secured or to declare a default as herein provided for failure to pay the total sum due. Section 5.2 Mortgagee shall be subrogated for further security to the lien, although released of record, of any and all encumbrances paid out of the proceeds of the loan secured by this Mortgage. Section 5.3 Mortgagee is authorized by itself, its agents, employees or workmen, upon at least two days' notice in advance, to enter at any reasonable time upon any part of the Collateral for the purpose of inspecting the same, and for the purpose of performing any of the acts it is authorized to perform under the terms of the 2000 Notes, this Mortgage, and the other Operative Agreements. Section 5.4 This Mortgage applies to, inures to the benefit of and binds all parties hereto, their successors, heirs, personal representatives and assigns. The term "Mortgagee" shall extend to and include the owner and holder or holders, including any pledgee, of the 2000 Notes or any thereof, now or hereafter and whether or not named as Mortgagee h4ein. In this Mortgage, whenever the context so requires, the masculine gender includes the feminine and /or neuter, and the singular number includes the plural. Section 5.5 Whenever the 2000 Notes, this Mortgage or the other Operative Agreements requires any action to be taken on a Saturday, Sunday or legal holiday, then such action may be taken on the first business day occurring thereafter and payment or performance on such day shall have the same force and effect as if made on the date designated for action to be taken. Section 5.6 If any provision hereof should be held unenforceable or void, then such provision shall be deemed separable from the remaining provisions and shall in no way affect the validity of this Mortgage. Section 5.7 The right to plead any and all statutes of limitation as a defense to any claim or demand secured by this Mortgage is hereby waived to the full extent permitted by law. Section 5.8 All notices hereunder shall be deemed to have been duly given if personally delivered or mailed by registered or certified mail, with return receipt requested, postage prepaid to the parties at the following addresses (or at such other address as shall be given in writing upon any party to the other) and shall be deemed complete by any such mailing: To Mortgagor: Millard Refrigerated Services, Inc. 4715 South 132nd St. Omaha, Nebraska 68137 Attention: Chief Financial Officer 2000 MORTGAGE (Grand Island, Nebraska) PxIA