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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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200003380
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200003380 <br />Agreements may be extended, or such performance or observance may be <br />waived by the holder of the 2000 Notes, and this Mortgage or the 2000 <br />Notes this Mortgage or the other Operative Agreements may be amended or <br />supplemented (including any increase of the indebtedness evidenced by the <br />2000 Notes or issuance of any additional note) and payment of any sum <br />owing or payable hereunder or thereunder may be extended in whole or in <br />part, without affecting the lien and security interest created by this Mortgage. <br />Mortgagor, for itself and any subsequent owner of the Collateral, hereby <br />waives notice of acceleration of and /or intent to accelerate the maturity of <br />the 2000 Notes, presentment for payment or acceptance, demand of <br />payment, protest or notice of dishonor or nonpayment, and notice of <br />extension of time, change in nature or form of indebtedness, or release of <br />security with respect to this Mortgage and the 2000 Notes and the other <br />Operative Agreements and all demands or notices whatsoever, and any <br />defense except payment, which it might have in any judicial or nonjudicial <br />proceeding under the 2000 Notes, this Mortgage or the other Operative <br />Agreements, as and to the fullest extent permitted by law. Mortgagor, for <br />itself and any subsequent owner of the Collateral, consents to any form of <br />election of remedy pursued by any holder of the 2000 Notes, this Mortgage <br />or the other Operative Agreements to enforce its rights thereunder, in <br />whatever order it may choose. <br />Section 5.13 Notwithstanding any provision in this Mortgage or in the Note or Guaranty, <br />the total liability for payments in the nature of interest shall not exceed any <br />applicable limits now imposed by the usury laws of the State of Nebraska. <br />Section 5.14 The covenants contained in this Mortgage are intended for the benefit of <br />Mortgagee and shall survive the foreclosure or any extinguishment or <br />termination of this Mortgage until all obligations of Mortgagor under the 2000 <br />Notes and the other Operative Agreements have been satisfied in full. <br />Section 5.15 The relationship between Mortgagor and Mortgagee is that of a borrower <br />and a lender only and neither Mortgagor nor Mortgagee is, nor will <br />Mortgagor or Mortgagee hold itself out to be, the agent, employee, joint <br />venturer or partner of the other. Mortgagor is not relying on Mortgagee for <br />advice in connection with the operation of the Collateral. Mortgagor <br />acknowledges that Mortgagee's rights to review certain matters and to <br />exercise rights of approval are solely for the benefit of Mortgagee and <br />Mortgagor may not rely on such reviews or <br />approvals for any purpose. <br />Section 5.16 Time is of the essence for the performance by Mortgagor of each of its <br />obligations under this Mortgage. <br />2000 MORTGAGE <br />(Grand Island, Nebraska) <br />29 <br />
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