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85004553
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Last modified
10/18/2011 1:01:12 AM
Creation date
4/1/2008 5:00:30 PM
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DEEDS
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85004553
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35, <br />004553 <br />given hereunder or now or hereafter existing at law or in <br />equity or by statute. In addition, no recovery of any <br />judgment by the Issuer or the Trustee and no levy of any <br />execution under any judgment upon the Project or upon any <br />other property shall affect the lien created by this Mort- <br />gage upon the Project or any part thereof or any lien, <br />rights, powers or remedies of the Issuer or the Trustee <br />hereunder, but such lien rights, g powers, or remedies of the <br />Issuer and the Trustee shall continue unimpaired as before. <br />Section 28. Remedies Subject to Provisions of Law. <br />All rights, remedies and powers provided by this Mortgage <br />may be exercised only to the extent that the exercise there - <br />of does not violate any applicable provision of law in the <br />premises, and all the provisions of this Mortgage are in- <br />tended to be subject to all applicable mandatory provisions <br />of law which may be controlling in the premises and to be <br />limited to the extent necessary so that they will not render <br />this Mortgage invalid or unenforceable under the provisions <br />of any applicable law. <br />Section 29. Amendments, Changes and Modifications. <br />The Mortgage may not, in any manner, be amended, changed, <br />modified, altered or released without the written consent of <br />the Trustee. <br />Section 30. Additional Notes. This Mortgage shall <br />stand as security for all Add tional Notes for loans author - <br />ized to be made under the Agreement, as well as this Note <br />and any and all future and additional advances made to the <br />Borrower. All Additional Notes shall be secured along with <br />the Notes under the terms of this Mortgage. <br />, <br />Section 31. Attorneys' Fee_s_. The Borrower hereby <br />agrees in the event of oref closure to pay to the Trustee <br />such reasonable attorneys' fees as are authorized by law, <br />together with the cost of extending the abstract and all <br />court costs. <br />Section 32. Waiver. If applicable and if permitted <br />by law, the Borrower hereby waives and releases any and all <br />rights and remedies related to marshalling of liens and <br />a <br />assets, redemptions and statutes of limitations. <br />Section 33. Usury. Notwithstanding any provision <br />herein or in the Notes or the Agreement, the total liability <br />for payments in the nature of interest shall not exceed the <br />limits now imposed by the usury laws of Nebraska. <br />Section 34. Notices to Parties. Any notice, demand, <br />certificate, request, instrument or other communication <br />authorized or required by this Mortgage shall be in writing <br />and shall be deemed to have been sufficiently given or filed <br />for all purposes of this Mortgage if and when mailed by <br />-19- <br />a <br />
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