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200504009 <br />PROVIDED, NEVERTHELESS, that if Mortgagor shall pay and fully perform all of <br />Mortgagor's obligations pursuant to the provisions of the Guaranty and Mortgagor shall repay to <br />Mortgagee, at the times and with interest as specified, all sums advanced and protecting the lien of <br />this Mortgage, in payment of taxes on the property and assessments payable therewith, insurance <br />premiums covering buildings thereon, principal or interest on any prior liens including any <br />payments on the First Mortgage, expenses and attorney's fees herein provided for and sums <br />advanced for any other purpose authorized herein, and shall keep and perform all the covenants and <br />agreements herein contained, then this Mortgage shall be null and void, and shall be released at <br />Mortgagor's expense. <br />AND MORTGAGOR covenants with Mortgagee as follows: <br />1. to pay all obligations of Mortgagor under the Guaranty; <br />2. to pay all taxes and assessments now due or that may hereafter become liens against the <br />Property before penalty attaches thereto; <br />3. to keep all buildings, improvements and fixtures now or later located on or a part of the <br />Property insured against loss by fire, extended coverage perils, vandalism, malicious mischief <br />and, if applicable, steam boiler explosion, for at least the amount of the full replacement cost <br />at all times while any amount remains unpaid under this Mortgage. Each insurance policy <br />shall contain a loss payable clause in favor of Mortgagee affording all rights and privileges <br />customarily provided under the so- called standard mortgage clause. In the event of damage to <br />the Property by fire or other casualty, Mortgagor shall promptly give notice of such damage to <br />Mortgagee and the insurance company. The insurance shall be issued by an insurance <br />company or companies licensed to do business in the State of Nebraska and acceptable to <br />Mortgagee. The insurance policies shall provide for not less than thirty (30) days written <br />notice to Mortgagee before cancellation, non - renewal, termination, or change in coverage, and <br />Mortgagor shall deliver to Mortgagee a duplicate original or certificate of such insurance <br />policies; <br />4. to pay when due both principal and interest of all prior liens or encumbrances, if any; <br />S. to commit or permit no waste on the Property and to keep it in good repair; <br />6. to complete forthwith any improvements which may hereafter be under course of construction <br />on the Property; and <br />7. to pay any other expenses and attorney's fees incurred by Mortgagee by reason of litigation <br />with any third party for the protection of the lien of this Mortgage. <br />In case of failure to pay said taxes and assessments, prior liens or encumbrances, expenses <br />and attorney's fees as above specified, or to insure said buildings, improvements, and fixtures and <br />deliver the policies as aforesaid, Mortgagee may pay such taxes, assessments, prior liens, expenses <br />and attorney's fees and interest thereon, or obtain such insurance, and the sums so paid shall bear <br />interest from the date of such payment at the interest rate set forth in the Development Agreement, <br />2 <br />745144v1 <br />