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MORTGAGE �� � �(� �j �� Page 6
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<br /> after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given
<br /> at least ten(10)days before the time of the sale or disposition.
<br /> Election of Remedies. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender
<br /> decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by
<br /> Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is
<br /> involved,and to the extent not prohibited by Iaw,all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
<br /> for the protection of its 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, without limitation,
<br /> however subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal expenses, whether or not there is a Iawsuit,
<br /> including attorneys'fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
<br /> appeals, and any anticipated post—judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br /> reports),surveyors'reports,and appraisal fees and title insurance,to the extent permitted by applicable law. Grantor also will pay any court
<br /> 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 any notice of sale shall be
<br /> given in writing,and shall be effective when actually delivered,when actually received by telefacsimi�e(unless otherwise required by Iaw), when
<br /> deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
<br /> registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from
<br /> the holder of any lien which has priority over this Mortgage shall be sent to Lender's address,as shown near the beginning of this Mortgage. Any
<br /> person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons,specifying
<br /> that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of
<br /> Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor,any notice given by Lender to any
<br /> Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
<br /> Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the
<br /> matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by
<br /> whoever will be bound or obligated by the change or amendment.
<br /> Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
<br /> provisions of this Mortgage.
<br /> Governing Law. This Mortgage will be governed by and interpreted in accordance with federal law and the laws ot the State ot
<br /> Missouri, except and only to the extent of procedural matters related to the pertection and enforcement ot Lender's rights and
<br /> remedies against the Property,which will be governed by the laws of the State of Nebraska. However, if there ever is a question
<br /> about whether any provision of this Mortgage is valid or enforceable, the provision that is questioned will be governed by
<br /> whichever state or federal law would find the provision to be valid and enforceable. The loan transaction which is evidenced by the
<br /> Note and this Mortgage has been applied for, considered, approved and made, and all necessary loan documents have been
<br /> accepted by Lender in the State of Missouri.
<br /> Choice of Venue. If there is a lawsuit,Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, State
<br /> of Nebraska.
<br /> Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall
<br /> mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage.
<br /> No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unl lender does so in
<br /> writing. The fact that Lender delays or omits to exQrcise any right will not mean that Lender has given up that right. If�erider does agree in
<br /> writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other prOV(sions of this Mortgage.
<br /> Grantor also understands that if Lender does consent to a request, that dces not mean that Grantor will not have to get Lender's consent
<br /> again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests,
<br /> that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for
<br /> payment,protest,and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced,that fact by itself will not mean that
<br /> the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a
<br /> provision of this Mortgage may be found to be invalid or unenforceable.
<br /> Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any
<br /> time held by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest,this Mortgage shall be binding
<br /> upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested in a person other
<br /> than Grantor,Lender,without notice to Grantor,may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by
<br /> way of forbearance or extension 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. AII parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any
<br /> party against any other party.
<br /> Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br /> of Nebraska as to all Indebtedness secured by this Mortgage.
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