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200608119 <br />8714801 <br />Upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Lender may in person, by agent or <br />by a court- appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the <br />Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited <br />to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of <br />repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, <br />all on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of <br />a receiver for the Property upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Borrower hereby <br />expressly consents to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so <br />managing the Property. <br />All rents and revenues collected subsequent to delivery of written notice by Lender to Borrower of the breach by Borrower <br />of any covenant or agreement of Borrower in this Instrument shall be applied first to the costs, if any, of taking control of and <br />managing the Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's <br />bonds, costs of repairs to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and <br />the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by <br />this Instrument. Lender or the receiver shall have access to the books and records used in the operation and maintenance of the <br />Property and shall be liable to account only for those rents actually received. Lender shall not be liable to Borrower, anyone <br />claiming under or through Borrower or anyone having an interest in the Property by reason of anything done or left undone by <br />Lender under this paragraph 25. <br />If the rents of the Property are not sufficient to meet the costs, if any, of taking control of and managing the Property and <br />collecting the rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by <br />this Instrument pursuant to paragraph 8 hereof. Unless Lender and Borrower agree in writing to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of <br />disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law, in which <br />event such amounts shall bear interest at the highest rate which may be collected by Borrower under applicable law. <br />Any entering upon and taking and maintaining of control of the Property by Lender or the receiver and any application of <br />rents as provided herein shall not cure or waiver any default hereunder or invalidate any other right or remedy of Lender under <br />applicable law or provided herein. This assignment of rents of the Property shall terminate at such time as this Instrument ceases to <br />secure indebtedness held by Lender. <br />Non - Uniform Covenants. Borrower and Lender further covenant and agree as follows: <br />26. UTILITIES. The property is served by public utilities, water and sewer (or septic facilities) and services in the surrounding <br />community, including police and fire protection, public transportation, refuse removal, public education, and enforcement of safety <br />codes, all of which are adequate in relation to the improvements and location on which the Property is located (taking into account <br />the Permitted Use of the Property.) <br />27. ACCELERATION; REMEDIES. Upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, or in <br />any other loan agreements or financing arrangements now existing or hereafter entered into between Borrower and Lender, the <br />Note, [the Guaranty of Payment executed by John Albers, , , , , in favor of Lender dated on or about the date hereoff and the other <br />agreements and documents executed by Borrower in favor of lender in connection with the Note (the "Loan Documents ") including, <br />but not limited to, the covenants to pay when due any sums secured by this Instrument, Lender at Lender's option may declare all of <br />the sums secured by this Instrument to be immediately due and payable without further demand and may invoke the power of sale <br />and any other remedies permitted by applicable law or provided herein. Borrower acknowledges that the power of sale herein <br />granted may be exercised by lender without prior judicial hearing to the extent permitted by applicable law. Lender shall be entitled <br />to collect all costs and expenses incurred in pursuing such remedies, including, but not limited to, attorney's fees, costs of <br />documentary evidence, abstracts and title reports. Borrower acknowledges that this Mortgage is granted to Lender with a power of <br />sale to the extent permitted by applicable law. <br />If Lender invokes the power of sale, Lender shall give notice of sale in the manner provided by the laws of NEBRASKA to <br />Borrower and to such other persons as the laws of NEBRASKA prescribe, and shall sell the property according to the laws of <br />NEBRASKA. Lender may sell the Property in one or more parcels and in such order as Lender may determine. Lender may <br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />Lender or Lender's designee may purchase the Property at any sale. <br />