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84 - 0066,1,1 of any of the security of this Note, acceptan~e of other security therefor, or any other indulgence or forbearance whatsoever. Any such extension, release, indulgence or forbearance may be made without notice to saidpal'ty and without in any way affecting the personal liabll1tyofs'-Jch party. Any delay on the part of the Holder inex,ercisir'lgJ?atly right hereunder shall not operate as a waiver of any such right, and any waiver granted for one occasion shall<no~ operate as a waiver in the event of any subsequent default? The entire indebtedness described herein shall beco.e due at the option of Holder on the happening of any default or event by which, under the terms of the Mortgage given to secure this Note, said principal sum mayor shall become dueandpa,.. able., subject to the notice and cure period there1ncontalned. All of the covenants, conditions or agreements contained In said Mortgage are hereby made a part of this instrument. This Note is intended as a contract and is secured by a first mortgage of even date herewith on certain real property situate in the County of Hall, state of Nebraska and is to be construed and enforced according to the laws of that state. In the event Holder exercises its right to accelerate the maturity date following default by Maker, any tender ot p~ymeoi-nf_the amount necessary to satisfy the entire indebted- ness secured hereby made thereafter at--any--Tfi'iff-prni-r-t-o--'.----,u-----'~ foreclosure sale, either by Maker, its successors or assigns or by anyone in behalf of Maker, shall be deemed to be a voluntary prepayment herein and such prepayment, to the extent permitted by faw, shall include a ten percent (IOI) premium. ; The parties hereto mutually agree that earned interest upon the principal indebtedness may never include more than the maximum amount of interest permitted by law and any money , tendered to Holder hereunder which may be found to exceed the maximum interest permitted by law shall be deemed not interest automatically as of the date of its tender of payment. If accepted by Holder it shall be applied by Holder, at Holder's option, as a credit against the unpaid principal due upon this Note or refunded to Maker. Notwithstanding any provision herein or in the Mortgage securing this Note to the contrary, it is hereby expressly understood and agreed that in the event the Holder hereof shall at any time take action to enforce the collection of the indebtedness evidenced hereby and secured by said Mortgage, such Holder will proceed first to foreclose the said Mortgage or sell the security pursuant to any power granted or contained t.here-in, and if. as a result of such foreclosure and sale of the property described therein, a lesser sum is real- ized therefrom than the amount then due and owing under this Note and the Mortgage, such Holder will never institute any action, suit, claim or demand in law or in equity against the Maker, any partner of Maker, or the successors or assigns of any of the foregoing, or any subsequent owner, for or on account of such deficiency. However, nothing in this paragraph contained shall. 1n any way affect or impair the lien of the said Mortgage nor any representation or warranty of title made by the undersigned, all of which shall remain in force and shall inure to the benefit of the Holder hereof, as Mortgagee thereunder, and to any insurer of the title of said property. L As used herein, the terms "Maker" and "Holder" shall be deemed to include their respective successors! legal repre- sentatives and assigns, whether by voluntary action by the p~rtic5 or by the operation of law. -4- -.J