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\ <\ 200604007 0737051789 entitled to only two (2) such default notices in any twelve (12) month period and if subsequent defaults occur within that twelve (12) month period Lender may exercise its remedies for default immediately and without notice to Borrower. 9. Condemnation; Eminent Domain. In the event any portion of the Property is taken or damaged in an eminent domain proceeding, the entire amount of the award, or such portion as may be necessary to fully satisfy the Debt and all other obligations secured by this Mortgage, shall be paid to Lender to be applied thereto in the same manner as payments under the Note. 10. Fees and Costs. Borrower shall pay Lender's reasonable cost of searching records, other reasonable expenses as allowed by law and reasonable attorney's fees in any lawsuit or other proceeding to foreclose this Mortgage, in any lawsuit or proceeding which Lender is obliged to prosecute or defend to protect the lien of this Mortgage or to otherwise protect its security and in any other action taken by Lender to collect the Debt, including any disposition of the Property under the Uniform Commercial Code. 11. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage. Borrower shall pay for all recordation costs of any satisfaction of this Mortgage and a Release Fee, except as prohibited by law. 12. Miscellaneous. This Mortgage shall benefit and obligate the parties, their heirs, devisees, legatees, administrators, executors, successors and assigns. The term "Lender" shall mean the holder and owner of the Note secured by this Mortgage, whether or not that person is named as Lender herein. The words used in this Mortgage referring to one person shall be read to refer to more than one person if two or more have signed this Mortgage or become responsible for doing the things this Mortgage requires. This Mortgage shall be governed by and construed in accordance with federal law and, to the extent federal law does not apply, the laws of the State of Nebraska. In the event of any action hereunder or related hereto Borrower hereby waives any right to a _ jury trial. If any provision of this Mortgage is determined to be invalid under law, that fact shall not invalidate any other provision of this Mortgage, but the Mortgage shall be construed as if not containing the particular provision or provisions held to be invalid and all remaining rights and obligations of the parties shall be construed and enforced as though the invalid provision did not exist. 13. Payoff and Similar Statements. Unless prohibited by law, lender may collect a fee in the amount determined by lender for furnishing a payoff demand statement or similar statement. D 14. Joining in Execution. If this box is checked the following applies: joins in the execution and delivery of this Mortgage to induce the lender to make the loan and to create a valid enforceable lien under Nebraska law. does not undertake any responsibility for the payments of the Note secured by this Mortgage but is jointly and severally responsible with the Borrower for the performance of all warranties, terms, and conditions of this Mortgage. 15. Riders. If one or more riders are executed by Grantor and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the 4798 (12/30/05) w7.1 BANK Page 4 of 6