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<br />88-104341 <br /> <br />(b) Mortgagee may foreclose this Mortgage by action and <br />Mortgagor hereby authorizes Mortgagee to do so, power being <br />herein expressly granted to sell the Mortgaged property at public <br />auction without any prior hearing or notice thereof and to convey <br />the same to the purchaser pursuant to the statutes of Nebraska in <br />such case made and provided and out of the proceeds arising from <br />such sale, to pay all indebtedness secured hereby with interest, <br />and all legal costs and charges of such foreclosure and the <br />maximum attorney's fees permitted by law, which costs, charges <br />and fees Mortgagor agrees to pay; <br /> <br />(c) Mortgagee shall have and may exercise, with respect to <br />all personal property and fixtures which are part of the <br />Mortgaged Property, all the rights and remedies accorded upon <br />default to a secured party under the Uniform Commercia~ Code, as <br />in effect in the State of Nebraska; and <br /> <br />(d) Each and every power or remedy herein specifically <br />given shall be in addition to every other power or remedy <br />existing or implied, now or hereafter given or existing at law or <br />in equity, including the appointment of a receiver. <br /> <br />In the event of a sale under this Mortgage, whether by <br />virtue of judicial proceedings or otherwise, the Mortgaged <br />property may, at the option of Mortgagee, be sold as one parcel <br />as agreed to in Article 3.10 hereof. <br /> <br />ARTICLE II I <br /> <br />Miscellaneous <br /> <br />3.1 No Implied Waiver. <br /> <br />Any delay by Mortgagee in exercising or any failure by <br />Mortgagee to exercise any right or remedy hereunder, or afforded <br />by law shall not be a waiver of or preclude the exercise of any <br />right or remedy hereunder, whether on such occasion or any future <br />occasion. <br /> <br />3.2 Remedies Cumulative. <br /> <br />Each remedy of Mortgagee is distinct and cumulative to each <br />other right or remedy under this mortgage or afforded by law and <br />may be exercised concurrently or independently. <br /> <br />3.3 Successors and Assigns. <br /> <br />The covenants and agreements herein contained shall bind, <br />and the rights hereunder shall inure to, the respective <br />successors and assigns of Mortgagor and Mortgagee, including <br />among Mortgagor's assigns any purchasers or transferees of the <br />Mortgaged property. <br /> <br />-14- <br /> <br />u <br />