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84000166
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Last modified
11/18/2008 2:32:00 PM
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11/18/2008 2:31:35 PM
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DEEDS
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84000166
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<br />$4 -~" SiG0166 <br />be sent to Mortgagor and to any other person entitled <br />to notice under the Uniform Commercial Code of-the State- <br />- of Nebraska (hereinafter ref erred. to as the-°Code"); pro- <br />vided however, that if the fixtures or personal-property, <br />or'part thereof, being sold are perishable, or threaten- <br />to decline speedily in value, or are of a type customarily <br />sold on a recognized market, Mortgagee may sell, lease; <br />or otherwise dispose of-such fixtures. or personal property, <br />or part thereof, being:-sold, leased; or otherwise disposed <br />of without notification, advertisement, or other notice- <br />of any kind. It is agreed-that notice sent or given <br />'' not less than five {5) calendar days prior to the`tak- <br />ing of the action to which the notice relates is reason- <br />able-notification and notice for-the purposes of this <br />Subsection(6)(C) of Article IV; <br />(D) Surrender the insurance-policies maintained <br />pursuant to Subsections (N) and (O) of Article III hereof, <br />or any part thereof, and receive-and apply the unearned. <br />premiums as a credit on the Secured Indebtedness, and, <br />in connection therewith, Mortgagor hereby appoints Mort- <br />gagee as the agent and attorney-in-fact for Mortgagor <br />to collect such premiums; provided however, that Mort- <br />gagee-shall have no obligation to keep any insurance in <br />force with respect to the Mortgaged Property or any part <br />thereof; and/or <br />(E) Retain any or all of the Mortgaged Property <br />which is fixtures or personalty in satisfaction of the <br />Secured Indebtedness whenever the circumstances are such <br />that Mortgagee is entitled to do so under the Code: <br />ARTICLE V <br />SECURITY AGREEMENT <br />(1) This Mortgage is intended to be a mortgage <br />covering real and personal property, and also a security <br />agreement and financing statement. This Mortgage covers <br />proceeds and Fixtures. Counterparts of this Mortgage may be <br />filed as financing statements under the Uniform Commercial <br />Code. <br />(2) With respect to all personal property and fix- <br />tures constituting a part of the Mortgaged Property, Mort- <br />gagor hereby grants to Mortgagee a security interest in all <br />such personal, property and fixtures, including, but not by <br />way of limitation, all of Mortgagor`s rights now owned and <br />at any time hereafter acquired in all equipment; inventory <br />other personal property, and fixtures at any time-used on <br />the Mortgaged Property or in connection with the. Mortgaged <br />Pnopcrty. The above goods which are to become fixtures will <br />be on the Mortgaged Property. This Mortgage may be-filed <br />for record as a Financing Statement in the real estate records. <br />Izi-the Event-of Default hereunder, Mortgagee shall be entitled <br />to all the rights, powers and remedies afforded a secured <br />party,by the Code with reference- to the personal property and <br />Fixtures in which Mortgagee: has been granted a security inter- <br />- est.by thi Mortgage, or Mortgagee may proceed as to both the <br />real, and personal property covered hereby in accordance with- <br />the rights and_remedies granted hereunder in respect to the <br />real property cowered hereby, <br />(3) Mortgagor is the record owner of the real <br />estate covered; by this..Mortgage.: <br />-g- ~k;:, <br />
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