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I L RYAN AND RYAN, P.A. ATTORNEYS AT LAW P.O. BOX20S 509 COURT STREET ClA V CENTER. KS 67432 19131 632.5666 88-100817 -4- '9. MORTGAGEE'S PERFORMANCE OF DEFAULTS. If the Mortgagor defaults in any of the covenants or agreements contained in this mortgage or in the promissory note secured by this mortgage, the Mortgagee may perform such covenant or agreement and all expenditures and advances made by the Mortgagee in doing so shall draw interest at the rate set forth in the promissory note secured hereby, shall be repayable immediately by the Mortgagor, and together with interest accruing thereon, shall be secured by this mortgage. However, nothing contained in this mortgage or the promissory note secured by this mortgage shall be considered as requiring the Mortgagee to incur any expense, make any advancements or take any action with regard to the Mortgagor or the Mortgaged Property. 10. FEES, COSTS AND EXPENSES. The Mortgagor will reimburse the Mortgagee for all reasonable fees, costs and expenses incurred by the Mortgagee in any action, proceeding or dispute of any kind in which the Mortgagee is made party or appears as a party and which affects the note, mortgage, Mortgagor, or Mortgaged Property, including, but not limited to any condemnation action or foreclosure proceeding involving the Mortgaged Property, any bankruptcy, receivership, insolvency, reorganization, arrangement, or adjustment or other similar proceeding, or any action to protect the security of the mortgage. The guarantors agree to pay the bank any and all costs, expenses and reasonable attorney fees paid or incurred by the bank in collecting or endeavoring to collect the debt of the borrower or in enforcing or endeavoring to enforce this guaranty, unless recovery of attorney fees is invalid under state or federal law. Any such amounts for which the Mortgagor is obligated to reimburse the Mortgagee shall be added to the indebtedness secured by this mortgage and shall bear interest from the date that they are incurred by the Mortgagee at the rate set forth in the note secured by this mortgage. 11. DEFAULT. (a) Upon any deafult by the Mortgagor, the Mortgagee may, at its option, declare the entire indebtedness secured by this mortgage immediately due and payable and foreclose this mortgage. (b) The Mortgagor shall be in default if: 1. There is a failure to make any payment required by the terms of this mortgage or the promissory note secured by this mortgage. 2. There is a failure to fully and promptly perform any condition, agreement or covenant contained in the preceding sections of the mortgage or of the promissory note secured by this mortgage. 3. Any suit is commenced to foreclose any mortgage or any other lien against the Mortgaged Property. 4. Filing of a voluntary petition in bankruptcy under the Bankruptcy Act of the United States, or an adjudication as bunkrupt under such Act, or an adjudication for the appointment of a trustee or receiver in bankruptcy or insolvency, or the making of a general assignment for the benefit of creditors. II Ii .1 {'" ,'- , :. ~ ... (j ~ , h.