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88106258
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88106258
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Last modified
3/9/2007 5:41:51 PM
Creation date
3/9/2007 4:43:50 AM
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DEEDS
Inst Number
88106258
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<br />88-106258 <br /> <br />be sent to Mortgagor and to any other person entitled <br />to notice under the Uniform Commercial Code of the State <br />of Nebraska (hereinafter referred to as the "COde"); pro- <br />vided, however, that if the fixtures or personal property, <br />or part thereof, being sold are perishable, or threaten <br />to decline speedily in value, or are of a type customarily <br />sold on a recognized m~ket, Mortgagee may sell, lease, <br />or otherwise dispose of such fixtures or personal property, <br />or part thereof, being sold, leased, or otherwise disposed <br />of without notification, advertisement, or other notice <br />of any kind, It is agreed that notice sent or .given <br />not less than five (5) calendar days prior to the tak- <br />ing of the action to which the notice relates is reason- <br />able notification and notice for the purposes of this <br />Subsection(6)(C) of Article IV; <br /> <br />(D) Surrender the insurance policies maintained <br />pursuant to Subsections (N) and (0) of Article III hereof, <br />or any part thereof, and receive and apply the unearned <br />premiums as a credit on the Secured Indebtedness, and, <br />in connection therewith, Mortgagor hereby appoints Mort- <br />gagee as the agent and attorney-in-fact for Mortgagor <br />to collect such premiums; provided however, that Mort- <br />gagee shall have no obligation to keep any insurance in <br />force with respect to the Mortgaged Property or any part <br />thereof; and/or <br /> <br />(E) Retain any or all of the Mortgaged Property <br />which is fixtures or personalty in satisfaction of the <br />Secured Indebtedness whenever the circumstances are such <br />that Mortgagee is entitled to do so under the Code. <br /> <br />ARTICLE V <br /> <br />SECURITY AGREEMENT <br /> <br />(1) This Mortgage is intended to be a mortgage <br />covering real and personal property, and also a security <br />agreement and financing statement. This Mortgage covers <br />proceeds and fixtures. Counterparts of this Mortgage may be <br />filed as financing statements under the Uniform Commercial <br />Code. <br /> <br />(2) With respect to all personal property and fix- <br />tures constituting a part of the Mortgaged Property, Mort- <br />gagor hereby grants to Mortgagee a security interest in all <br />such personal property and fixtures, including, but not by <br />way of limitation, all of Mortgagor's rights now owned and <br />at any time hereafter acquired in all equipment, inventory <br />other personal property, and fixtures at any time used on <br />the Mortgaged Property or in connection with the Mortgaged <br />Property. The above goods which are to become fixtures will <br />be on the Mortgaged Property, This Mortgage may be filed <br />for record as a Financing Statement in the real estate records, <br />In the Event of Default hereunder. Mortgagee shall be entitled <br />to all the rights, powers and remedies afforded a secured <br />party by the Code with reference to the personal property and <br />fixtures in which Mortgagee has been granted a security inter- <br />est by this Mortgage, or Mortgagee may proceed as to both the <br />real and personal property covered hereby in accordance with <br />the rights. and remedies granted hereunder in respect to the <br />real property covered hereby. <br /> <br />(3) Mortgagor is the record owner of the real <br />estate covered by this Mortgage, <br /> <br />-9- <br /> <br />../hfi <br />
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