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Loan No: 12596
<br />MORTGAGE
<br />(Continued)
<br />201806379
<br />Page 6
<br />upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any
<br />court costs, in addition to all other sums provided by law.
<br />NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and
<br />any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by
<br />telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any
<br />lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this
<br />Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the
<br />other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor
<br />agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law,
<br />if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all
<br />Grantors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
<br />Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this
<br />Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to
<br />Lender, upon request, a certified statement of net operating income received from the Property during Grantor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
<br />interpret or define the provisions of this Mortgage.
<br />Goveming Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights
<br />against the Property, this Mortgage will be governed by federal law applicable to Lender and to the extent not
<br />preempted by federal law, the laws of the State of Nebraska. In all other respects, this Mortgage will be governed
<br />by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Iowa
<br />without regard to its conflicts of law provisions. However, if there ever is a question about whether any provision
<br />of this Mortgage is valid or enforceable, the provision that is questioned will be governed by whichever state or
<br />federal law would find the provision to be valid and enforceable. The loan transaction that is evidenced by the
<br />Note and this Mortgage has been applied for, considered, approved and made, and all necessary loan documents
<br />have been accepted by Lender in the State of Iowa.
<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Polk County, State of Iowa.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall
<br />not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or
<br />any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and
<br />Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
<br />transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by
<br />Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br />considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other
<br />provision of this Mortgage.
<br />Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest, this
<br />Mortgage shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership
<br />of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with
<br />Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension
<br />without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Mortgage.
<br />Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or
<br />counterclaim brought by any party against any other party.
<br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Mortgage.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
<br />Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
<br />money of the United States of America. Words and terms used in the singular shall include the plural, and the plural
<br />shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Borrower. The word "Borrower" means Grand Dental Holdings, LLC and includes all co-signers and co -makers
<br />signing the Note and all their successors and assigns.
<br />Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
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