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<br />OY. a•... l1U0166 <br />(4) The address of Mortgagee, as secured party <br />hereunder, from which information concerning the security <br />interest granted hereby may be obtained, is P. O. Box 225415, <br />Dallas,- Texas 75265, Attention: Energy Division. <br />ARTICLE VI <br />MISCELLANEOUS PROVISIONS <br />(1) Zt is further understood and agreed that if <br />any provision hereof is invalid or unenforceable in the State <br />of Nebraska, the other provisions hereof shall remain in full <br />force and effect in the State of Nebraska and the remaining <br />provisions hereof shall be liberally construed in favor of <br />Mortgagee in order to effectuate the provisions hereof, and <br />the invalidity or unenforceability of any provision hereof <br />in the State of Nebraska shall not affect the validity or <br />enforceability of any such provision in any other jurisdiction. <br />(2) Mortgagor further covenants and agrees, at <br />the request of Mortgagee, to execute such other and further <br />mortgages, deeds of trust, assignments, securitl• agreements, <br />financing statements and any other instruments or documents <br />as may be necessary or desirable to confirm and perfect in <br />Mortgagee each and every lien and right herein mentioned. <br />(3) Appraisement of the Mortgaged Property is here- <br />by expressly waived or not waived, at the option of Mortgagee, <br />his successors, representatives, heirs and assigns, such option <br />to be exercised, however, as to each portion or portions of <br />the Mortgaged Property, prior to or at the time foreclosure <br />sale thereof takes place or judgment is rendered in any fore- <br />closure suit, whichever occurs first. <br />{4) In the event of foreclosure hereof, Mortgagor <br />agrees to pay all costs and expenses, including reasonable <br />attorneys' fees, incurred by Mortgaaee in connection with <br />such foreclosure, whether by suit or under power of sale, <br />and. the payment of same shall be secured by the lien of this <br />iortgage. <br />{5) All options and rights of election herein pro- <br />vided for-the benefit of Mortgagee are continuing, and the <br />failure to exercise any such option or right upon a particular <br />default or breach or upon any subsequent default or breach <br />shall not be construed as waiving the right to exercise same <br />at a later date. No exercise of the rights., and powers herein <br />granted, and no delay or omission in the exercise of such <br />rights or powers shall be held to exhaust the same or be con- <br />strued as a waiver thereof, and every such right-and power <br />may be exercised at any time and from time to time. <br />(6) The lien and other security rights of Mortgagee <br />shall not be impaired by any indulgence, including, but not <br />limited to, (aj any renewal, extension or modification granted <br />with respect to any Secured Indebtedness, or (b) any surrender, <br />compromise,. release, renewal, extension, exchange or substitu- <br />tion which Mortgagee may grant in respect of any item of the <br />Mortgaged Property; or any part thereof, or interest therein, <br />or (c) any release or indulgence granted to any endorser, <br />guarantor or surety of any indebtedness secured hereby. <br />(?) This Mortgage, may. be foreclosed as to any of <br />the Mortgaged Property in any manner permitted by the laws <br />of the State of Nebraska.. A11 remedies herein expressly pro- <br />videcl axe. cumulative of any and all other remedies existing <br />at law cir in, equity, a€~d Mortgagee shall, in addition to the <br />remedies herein provided, be entitled to avail himself of <br />-10- <br />r~`'~<~ <br />