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202106436 <br />SECTION TWENTY-TWO. NO ASSUMPTION; DUE ON SALE CLAUSE <br />The loan represented by this mortgage and the note is personal to mortgagor, and mortgagee made <br />the loan to the mortgagor based on the credit of mortgagor and mortgagee's judgment of the ability <br />of mortgagor to repay all sums due under this mortgage. Therefore this mortgage may not be <br />assumed by any subsequent holder of an interest in the mortgaged property. If all or any part of the <br />mortgaged property, or any interest in it, is sold, conveyed, transferred (including a transfer by <br />agreement for deed or land contract) or further encumbered by mortgagor without mortgagee's prior <br />written consent, excluding the grant of any leasehold interest in the mortgaged property not <br />containing an option to purchase, which is made in the ordinary course of mortgagor's business, then <br />mortgagee may declare all sums secured by this mortgage immediately due and payable. <br />SECTION TWENTY-THREE. REPRESENTATIONS AND WARRANTIES OF <br />MORTGAGOR <br />Mortgagor represents and warrants that if it is a corporation, it is duly organized and validly existing, <br />in good standing under the laws of the state of its incorporation, has stock outstanding which has <br />been duly and validly issued, and is qualified to do business and is in good standing in Kansas, with <br />full power and authority to consummate the loan contemplated in this mortgage. If mortgagor is a <br />partnership, it represents and warrants that it is duly formed and validly existing, and is fully <br />qualified to do business in Kansas, with full power and authority to consummate the loan <br />contemplated in this mortgage. <br />SECTION TWENTY-FOUR. SEVERABILITY <br />If any one or more of the provisions contained in this mortgage or in the note is for any reason held <br />to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability <br />shall, at the option of mortgagee, not affect any other provisions of this mortgage, but this mortgage <br />shall be construed as if the invalid, illegal or unenforceable provision had never been contained in <br />this mortgage. The total interest payable pursuant to the note or this mortgage shall not in any one <br />year exceed the highest lawful rate of interest permitted in Kansas. <br />8 <br />