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85-- 004553 above the rate of interest then charged by the Trustee on 90 -day commercial loans to its prime commercial borrowers but in no event at a rate less than nine percent (9 %) per annum until paid, and all such sums and the interest thereon shall be immediately due and payable and shall be added to and become part of any indebtedness or obligation secured hereby in such manner or order as the Trustee may desire to determine, and be secured hereby, having the benefit of the lien hereby created and of its priorities. Section 16. Litigation. If any action or proceed - ings be commenced, to which action or proceeding the Issuer or the Trustee is made a party by reason of the execution of this Mortgage or the Notes, or in which the Trustee deems it necessary to appear or answer in order to uphold the lien of this Mortgage or the priority thereof or the possession of the Project, or otherwise to protect the interest of the Issuer or the Trustee or security hereunder, all sums paid or incurred by the Trustee for attorney fees and other expenses in such action or proceeding shall be repaid by the Borrower, together with interest thereon from the date of payment by the Trustee at the rate contained in the Notes, and all such sums and the interest thereon shall be immedi- ately due and payable and shall be added to and become a part of any indebtedness or obligation secured hereby in such manner or order as the Trustee may desire to determine, and be secured hereby, having the benefit of the lien hereby created and of its priority. Section 17. Severability. If any provisions hereof should be held unen orceable or void, then such provision shall be deemed separable from the remaining provisions and shall in no way affect the validity of this Mortgage. Section 18. Security Interest. An express security interest is hereby granted to the Issuer and the Trustee in respect to any part of the Project which under Nebraska law might now or hereafter be construed or considered as per- sonal property and this Mortgage shall constitute a security agreement in respect thereto. Section 19. Choice of Law. This Mortgage and the Notes secured hereby shall be construed and enforced accord- ing to and governed by the laws of the State of Nebraska. Section 20. __Mo_�rtg�age of the Project. The Borrower will not, now or in t� future, mortgage, pledge or encumber or place any lien or encumbrance (or permit same to exist) on the Project, as defined in this instrument, or any part thereof without the prior written consent, of the Trustee, except for this Mortgage or Permitted Encumbrances as defined in the Agreement. -15- R