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r 84 _ Q08'~:.t< 55. ~~rtgagcr at any time upon execute, acknowiedge and deliver -all such including further assurances of title, and will do or f'urther acts and things, which are proper or 7easonaoly or preserve the -priority and security of' the first lien create!i\ and for carrying out the intent of' this Mortgage and the loan, bodied herein including,in particular,documents to evidence the debtedness contemplated by sub-paragraph (g) on page 3 oftheMOt8 56. Mortragor agrees that the mortgaged durin& the entire life of the within Mortgage be operated for the designated purposes on all usual and durin2 reasonable business hours. 57. If any term of this Mortgage shall be held to invalid. illegal or unenforceable, the validity of the other hereof shall in no way be affected thereby. P'.----51r.-Mort'gagor--acknow'ledges. that under the' provislons-- of the laws of Nebraska, or any (),ther appl1~able J-a:w, t~er~ is no limitation applicable to the secured by the within Mortga._ as to the maximum rate of interest that may be charged with re- spect thereto; however, if by mistake of law or of fact or for any reason whatsoever monies are paid by Mortgagor such that the amount of interest collected over the term of the loan or in anyone year curin2 the term thereof would at any time exceed any applicable legal maximum rat.e, all such amounts received in excess of any legal naximum rate shall be deemed to be held in trust by Mortgagee for the exclusive use and benefit of the Mortgagor, with the ex- pressed right to co-mingle such funds with Mortgagee's funds. and all such excess amounts shall promptly be repaid or credited to the ~loTtgagor at the time of the purchase of the loan by Teachers, if applicable, or ~t the time of repayment of the loan. 59. Not~ithstanding any provision herein or in the Note secured by this Mortgage to the cohtrary it is expressly under- stood and agreed that in th~ event the Mortgagee takes action to enforce the collection of the indebtedness evidenced by said Note and forecloses the ~ithin Mortgage and if, as a result of such foreclosure and the sale of t~e property described herei~a lesser sum is realized than the amount then due and owing hereunder and under said Sote, the Maftgagee will never institute any action, suit, Claim or demand in law Of in equity against Mortgagor for Dr on account oi such deficiency. provided, however, that nothing in this parAe graph shall in any way affect Dr impair the lien of this Mortgage or any representation or ~arranty of tit]p madp hv ~0rtraRDr Of any separately assumed liability of Mortgagor all of WhlCh shall remain in full force and effect and Jnure to the benefit of Mort- gagee and tbe title company. -17 . l -1