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<br />83- i~~06~:a
<br />the Secured Indebtedness to Holder in connection herewith, is
<br />false, misleading, erroneous or breached.
<br />3.2 If Grantor should fail to keep or perform any cove-
<br />nant whatsoever contained in this Mortgage, Holder may, but
<br />shall not be obligated to any person to do so, gerform or
<br />attempt to perform said covenant, and any such payment so
<br />made or expense incurred in the performance or attempted
<br />performance of any such covenant shall be a part of the
<br />indebtedness hereby secured, and Grantor promises, upon
<br />demand, to gay to Holder at the office of Bank in Bank's
<br />city, all sums so advanced or paid by Holder, with interest
<br />at the highest rate ger annum permitted by law from date when
<br />paid by Holder until repaid by Grantor. No such payment by
<br />Holder shall constitute a waiver of any such default. In
<br />addition to the lien thereof, Holder shall be subrogated to
<br />all rights and liens securing the payment of any_ debt, claim,
<br />tax or assessment paid from any advance made by Holder.
<br />3.3 Upon the occurrence of a default, Holder may, at its
<br />option do any one or more of the following: (a) A'ithout
<br />notice, demand or presentment, which are hereby waived by
<br />Grantor, declare the entire unpaid balance of principal of
<br />the Secured Indebtedness, and all accrued interest thereon,
<br />immediately due and payable; (b) Enter upon and take posses-
<br />sion of the r?ortgaged Property that is personal property or
<br />fixtures and remove such fixtures or personal property or any
<br />part thereof, with or caithout ;udicial process, and in
<br />connection therewith, without any responsibility= or liability
<br />on the part of Holder, take possession of any property
<br />located on or i^ the Mortoageci Property which is not a part
<br />of the Mortgaged Property and hold or store such property at
<br />Grantor's expense; (c} Require Grantor to assemble that
<br />portion of the Morteaged Property that is fixtures or
<br />personal property or any part thereof, and make it available
<br />to Holder at a place to be designated by Holder which is
<br />reasonably convenient to Grantor and Holder; (d) After
<br />notification, if any, hereafter provided in this Subsection
<br />3.3(d), sell, lease or otherwise dispose of, at the office of
<br />Holder, or en the Mortgaged Property that is realty, or
<br />elsewhere, as chosen by bolder, all or any part of the
<br />Mortgaged Property constituting fixtures or personal property
<br />in its then ccrdition, or following any commercially
<br />reasonable preparation or ,rmcessing, and each Sale (as used
<br />herein the term "Sale" means any such sale, lease or other
<br />disposition made pursuant to this Subsection 3.3(d); may be
<br />as a unit or in parcels, by public or private proceedings,
<br />and by way of one or more contracts, ard, at any Sale, it
<br />shall not be necessary to exhibit such fixtures or personal
<br />property, or part thereof, being sold. Sales may be made
<br />from time to time until the Secured Indebtedness is paid and
<br />performed in full. Reasonable notification of the time and
<br />place of any public Sale pursuant to this Subsection 3.31d)
<br />or reasonable notification of the time after which any
<br />private Sale is to be made gursuant to this Subsection
<br />3.3(d), shall be sent to Grantor and to any other Berson
<br />entitled under the Uniform Commercial Coda ("Code"} to
<br />notice; provided that if the fixtures or personal property,
<br />or Bart thereof, being sold is perishable, or threatens to
<br />decline speedily in value, ar is of a type customarily sold
<br />or. a recognized market, Holder may sell, lease or otherwise
<br />dispose of such fixtures er personal property, or part
<br />thereof, being sold, leased or otherwise disposed of without
<br />notification, advertisement or other notice of any kind. It
<br />is agreed that notice sent or. given not less than five (5)
<br />calendar days prior to the taking of the action to which the
<br />notice r~slates, is reasonable notification and notice far the
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