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Loan No: 87215896
<br />MORTGAGE
<br />(Continued)
<br />''02 204598
<br />Page 6
<br />right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any
<br />part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any
<br />public sale on all or any portion of the Property.
<br />Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal
<br />Property or of the time after which any private sale or other intended disposition of the Personal Property is to be
<br />made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.
<br />Any sale of the Personal Property may be made in conjunction with any sale of the Real Property.
<br />Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after
<br />Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing
<br />under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to
<br />Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed
<br />directly against Grantor and/or Borrower and/or against any other co -maker, guarantor, surety or endorser and/or to
<br />proceed against any other collateral directly or indirectly securing the Indebtedness.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage.
<br />Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
<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 />GRANTOR'S AUTHORIZATION TO LENDER. Grantor hereby authorizes lender, without notice, to sell, transfer, assign or
<br />grant participations in all or any part of Grantor's indebtedness evidenced by the indebtedness.
<br />COUNTERPARTS LANGUAGE. This document may be executed in any number of counterparts, each of which shall be
<br />deemed an original but all of which together shall constitute one and the same instrument.
<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 />Governing 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
<br />Kansas without regard to Its conflicts of law provisions. However, if there ever is a question about whether any
<br />provision of this Mortgage is valid or enforceable, the provision that is questioned will be governed by whichever
<br />state or federal law would find the provision to be valid and enforceable. The loan transaction that is evidenced by
<br />the Note and this Mortgage has been applied for, considered, approved and made, and all necessary loan
<br />documents have been accepted by Lender in the State of Kansas.
<br />Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several,
<br />and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each
<br />and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Mortgage.
<br />Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is
<br />not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other
<br />agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the
<br />professed exercise of such powers shall be guaranteed under this Mortgage.
<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.
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