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<br />r <br /> <br />L <br /> <br />88-10:J7J07 <br /> <br />ADDITIONAL PROVISIONS <br /> <br />DeBTOR WARRANTS ANQ COVENANTS: (1) That except for the security interest granted hereby Debtor is, or to the <br />extent that Collateral is ar:quired after the date hereof, will be, the owner of the Collateral tree tromany adverse lien, security <br />interest or encumbrance; and that Debtor will defend the Collateral against all claims and demands of all persons at any time <br />claiming the same or any interest therein. (2) That no Financing Statement other than other Financing Statement previously given <br />to Secured Party. covering the:Collateral or any proceeds thereof is on tHe in any public office and that at the request of Secured <br />Party, Debtor will execute and deliver to Secured ,Party one or more Financing Statements or other documents pursuant to the <br />Nebraska Uniform Commercial Code which are deemed by the Secured Party to be necessary or desirable to the attachment. <br />perfection or continuation of the security interest granted hereunder, all in form satisfactory 10 Secured Party, and will pay the cost <br />of filing such Financing Statement, this Security Agreement, any continuation or termination statement and other documents in all <br />public offices wherever filing is deemed by Secured Partvto be necessary or desirable; and if the Collateral is attached to real estate <br />prior to the perfection of the security interest granted t">..r~by or ifthe Collateral includes crops oroiL gasor minerals to be extracted <br />or timber to be cut. Debtor will, on demand of Secured Party, furnish Secured Party with a disclaimer or disclaimers or <br />. subordination agreement signed by all persons having an interest in the real estate, disclaiming or subordinating any interest in <br />the Collateral which is prior to the Interest of Secured Party, (3) Not to sell, transfer or dispose ofthe Collateral, nor take the same or <br />attempt to take the same from the county where kept as stated, without the prior written consent of the Secured Party. (4)To pay all <br />taxes and assessments of every nature which may be levied or assessed against the Collateral. (5) Not io permit or allow any <br />adverse lien, security interest or encumbrance whatsoever upon the Collateral. and not to permit the same to be attaGhed or <br />replevined. (6) That the Collateral is in good condition and that Debtor will at his or her own expense, keep the same in good <br />condition ar'd from t1r'rle to time, forthwrth, replace and repair ail such parts of the Collateral as may be broken, worn out or <br />damaged without allowing any lien to be created upon the Collateral on account of such replacement or repairs, and that the <br />Secured Party may examine and inspect the Collateral at any time, wherever located, (7) That Debtorwill at his or her own expense <br />keep the collateral insured in a company satisfactory to Secured Party against loss. as appropriate, by theft, collision, fire and <br />extended coverage, with loss payahle to Secured Party as its interest may appear, and will on demand deliver said policies of <br />Insurance or furnish proof of such Insurance to Secured Party (8) At rts option Secured Party may procure such Insurance, <br />discharge taxes, liens or security Interests or other encumbrances at any time leVied or placed on the Collateral and may pay for the <br />repair of any damage or Injury to or for [he preservation and maintenance of the Collateral. Debtor agrees to reimburse Secured <br />Party on demand for any ,payment or expense incurred by Secured Party pursuant to the foregoing authorization. Until such <br />reimbursement, the amount of any such payment, With Interest at the rate of 16% per annum from date of payment untrl <br />reimbursement, shall be added to the Indebtedness owed by Debtor and shall be secured by this Agreement, (91 That Debtor will not <br />use the Collateral in violation of any applicable statute, regulation or ordinance and if any of the Collateral is motor vehicles, the <br />same will not be renteJ, used in rental service nor in any speed or endurance contest, <br /> <br />UNTIL DEFAULT Debtor may have possession of the Collateral and use it in any lawful manner not inconsistent with this <br />Agreement and not inconsistent with any policy of insurance thereon, and upon default Secured Party shall have the immediate <br />right to the possession of the Collateral. <br /> <br />DEBTOR SHALL BE IN DEFAULT under thiS Agreement upon the happening of any of the following events or <br />conditions: (1) default in the payment or performance of any obligation, covenant or liability contained or referred to herein or in <br />any note evidencing the same; (2) any warranty, representation or financial statement made or furnished to Secured Party by or on <br />behalf of Debtor is discovered to have been false in any material respect when made or furnished. (3) any event which results or <br />could result in the acceleration of the maturity of the indebtedness of Debtor to others under any indenture, agreement or <br />undertaking; (4) loss, theft, damage, destruction sale or encumbrance to or of any of the Collateral, or the makll1g of any levy. <br />seizure or attachment, thereof or thereon; 15, death. diSSolution termination of eXistence, Insolvency, bUSiness failure, <br />al'lpointment of a receiver of any part of the property of, assignment for the bEnefit of creditors by, or the commencement of any <br />proceedings under any bankruptcx or insolvency laws by or against Debtor or any guarantor or surety for Debtor. <br /> <br />UPON SUCH DEFAULT and at any time thereafter. or if It deems itself insecure, Secured Party may declare alf Obligations <br />secured hereby immediately due and payable and shall have the remedies of a Secured Party under the Nebraska Uniform <br />Commercial Code Secured Party ma~' requln~ Debtor to assemble!he Collateral and deliver or make It avallable;o Secured Pany at <br />a place to be deSIgnated by Secured Party which IS reasonably convenient to both parties. Unless the CoHaleral is periShable or <br />threatens to declme speedily In value or IS of 8 type cuslOmarilv sold on a recognized market. Secured Party WIll give Debtor <br />reasonable notice of thellme and place .of any publiC sate thi'!reof or of the time after which any private sale or any other intended <br />disposition thereof is to be made, The reqUirements of reasonable notice shall be mel if such notice IS mailed, pos:ilge prepard to <br />the address of Debtor shown at the beginning of this agreement at least five days before the time of the sale or disposition <br /> <br />No waiver,by Secured Party afany default shall operate as a waiver of any other default or of the SillTle c!efl1"lt on E1 futc"" <br />occasIOn. The takmg of this Security Agreement shall not waive 01 Impair any other SeCUfll\' said Secured P.ln\ may ha,'t:' " <br />hereafter acquire for the paym~nt of ihe above mdebtedness, nor shall tlte takmg of any suCh additional seCuril\ ',.a".e '." ''''pi' ' <br />thiS Security Agreement. but said Set-ured Part', may resort to any securily It ;nay have In the Older .j ma, Uf-pr. .,roper ~~c <br />notWithstanding any collateral securlly, Secured Party shall retain its fights of set-off agalnsl Oeb!.O. <br /> <br />,e.,1l rights of Secured Party hereunopr shalllnurp 10 the benefit of its successors and assigns; and all pron,rS.eS 3!')d dutie;; ('Ii <br />Debtor shall bind h ,s or her heirs, persona I represeroiat,ves or his, her or rts successors or assigns If; h<:18 be more I har c,ne Deblur <br />lltetr liabilities hereunder shall be IOlllt ,!fe,j ~.;e\.",r.'d <br /> <br />ThiS .A.grpenienl s~ 'all becorne effe,,:i 1\ I~ \.Iv; '~;~-~ ,t ,~.:. gned ~,""~' Debtor A carbon phGtogr ?iDr"'l( ("Ir ut'18i r(:JprodUC1 Inn (14 .,. ~ SIS'''h'' <br />Security Agreement or Frnancrng Statement Il?'.,. bp used as a F'nanClng Statenwll' <br /> <br />ADDENDUM <br /> <br />The underSfgnf"d. hereInafter --OwrJ-r D,...,t~H,r OV'IiIIS :,rf i-1i-;S an Interest tn the collalel :-~, de:~crlt.1F'1i (In 1'1)' ""\t;ll ~~. l;"ldl~ (.,' 1" <br />Agreement, but is not a Pili!\, ;0 the l'b~i[.Fj''l)n secured bv th.s Agreement By e;.r('( ,"i"'L; PI'S L"LJI..~.".",.t O"Vi">O Deb:,,, <br />undenakes no obligation lor repayment "t sue" e'bi<gatlor, but waives all nght Title and "'.teres' If1 "iT'd to ~i:ll(j cC'Lai"'Ii:llto ::-'01..1(11'. <br />security for performance of the obligal"..,n All ,;rOVISlons of thiS Agreement apply TO OWI;pr Dphtor and the terr... De~)lor as "$f',. <br />,n ths Agreement and any accompany' "y F, nancmg Statement refers collect Ively 10 Debtur Owner Debtur ell bOTh as i hi! c0nte' t <br />may require <br /> <br />.._._-~- <br /> <br />Dale <br /> <br />Owner i Debtor <br /> <br />'r f) ~" <br /> <br />!,,\ ~ <br />, , <br /> <br />L <br /> <br />..J <br />