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~~orr~a~ ~ovos~s ~ I - t1(- 3 5 ~) 8 <br />DEBTOR WARRANTS AND COVENANTS: { 1 } That except for the security interest punted hereby Debtor k, or to the <br />extent that this agreement states that ehe Collateral is to acquired after the date hereof, will be, the owner of the Callateral free stmt <br />aay ade-~ lieut. security itrteressE or encumbrance; and that Debtor will defend t}re Collateral against all claims and demattda of all <br />pets»ns at an time claiming the saute or any interest therein. { ••l1 That no financing statement covering the Collateral or any pro- <br />ceeds thereof is on Fik in any public office and that at the rer{uast of Senued Party. Debtor will jafn with Sectued Party fn executing <br />ate ar more financing s[atements pursuant to the Nebraska L'nifarm Commercial (;otle in form satisfactory Eo Sectued Party and <br />wi11 pay the t~trst of filln~ such financing statement, this seeirrih' agreement and any continuation or termination statement, in ell <br />pttbifc offices wherever filing is deemed by Secured Pam to be nraessary or desirable; and if the Callateral is attached to real estate <br />ptitu to rite perfttKion of the security interest granted hereby or if the Co~laterat includes crops ar nit, gas or minerak to be extracted <br />or Nmber to be cut, lJebtor will, on demand of Secured Party, ftunish Senired Party with a disclaimer ar disclaimers or suborditt- <br />atittrt agreement signed by sit persons having an interest in the real estate, disclaiming or subordinating any interest in the <br />Collateral which is prior to the interest of Secured Party. {3) Not to sell, transfer ar dispose of the Collateral, nor take the saute of <br />at[nmp~t to rake the same from the catmty when kept as above stated, without the prior written consent of the Secured Party, <br />(4) To pay ail tries and :cssessments n( every nature which may be levied nr assessed against the Collateral. {5) Not to permit <br />a alksw any adverse #itrt, sertufty interest or encumbrance, whatsoever upon the Callateral, and not to petvrtit the same W be <br />attachexl or repkvitted. (8) That the Collateral is in goal crrndition, and that }te will at his awn expense, kxp the saute in gaol <br />tstndition and lean time to time, Eorthwtith, replace :md repay all such parts of the Coldatoral as may be broken, worn out or dam <br />aged withatu alkswing any lien to br. created upon the Collateral on acrntmt of such replacement or re airs, and the[ the Secured <br />Patty may ratamine acrd ins(sec4 the Collateral at env time., wherever lasted. (~ } That he will at his own expense keep flee <br />Wli-ateral insttie~in a rrompanviah5[aaxary m xrsuecs tarry agauur loss, as apprvp+ate, vy ~necr, cvursron, r~'e-3,c~rs~Sd- <br />ooverage, with lass gayabte to Secured Party as +ts interest may appear, :md wsll rm demand deliver said policies of insurance or <br />furnish proof of such instuance to Smtred Party. (8} At its option Sect:red Party mny Prcxure such insurance, discharge ta:m, <br />liem r>r security intexsts or cxher encrimbranres at nny time levied or pLrced an the Collateral and may pay for the repair of any <br />damage or itrlurY to or Iw the preservation and maintenance of the Collateral. I?ebtnr agrees to reimburse Secured Parry on demand <br />for any payment rr expense +nctrzred by Secured Party p~rnrant zo the fare KOing auihantation. tintil such reimbursement, the amount <br />~ any such payment, with interest at the rate of `~ per :mntutt from date of payment until reimbursement, shall be added to the <br />fndebtrslness owed by I]ebtor and shall be secured by this agreement. i y i That he will Hoe use fhe Collateral in violation of arty <br />app}icable statute, reguhticut or ordinance and if any erf the Collateral is motor vehicles the soma will not be rented, used in rental <br />service rear in any space! or endtuarun contest. { 10} Debtor w-rll pay Sec.ued Party any and all costs acrd a pe ittemced in <br />tecavering prtssessi~ of the Ccellateral and incurred in enfamrng this security agreement, and the same sbaIlxbe~iectsed by this <br />saetuity agreement. <br />UNTIL DEFAULT Debtor may have possession of the Collateral and nx it in any lawful manner not incatsistent with this <br />agreetrtenY azed trot mcvrraistunt wtth any Ixsiicy of insurance thereon, and upon default Secturcl Party shall have the immediate <br />tight to tht possession of the (:ollateral. <br />DEBTOA SHALL ItE IN DEFAULT under this agreement i;pon the happpeening of any of the following events or condit3am: <br />{I} default in the payment of pcrfarinatrrx of any ablsgation, covenant c.r leahilikv tontamecl ar referred to herein or in any Hate <br />evidtntcvrrg the same: i2.` aay warranty, representation nr szatenient made or lurnnhed to Secured Party by or on behalf of <br />Debtor proves to have been false in any rnatrnai rospect .vhen rmtde or funirshed; : 3) any eyelet which results in the accekratiott <br />of the maituiN of the indebiedss+ae cf I3c}xar to :ethers under asry ittdentrsre, agrrernrut nr undertaking: !4) bss. theft, damage, <br />destntction, sale ar enctunbrancc to ar of any of the Collateral, ar the rnakiny: of any levy, .esture ur attachment thereof or thtse- <br />as; i5} death, dissalutron, tertnmahon of exestence, utsafvency, bussness failure, appaintmetrt of a receiver of any part of the <br />ape[ of, assignment for the benefit of creditara by, ar the cammencrtnent of :u,v pn,creding ender any bankruptcy or insolvettey <br />al ws by•or agau;st I?ebtar or :rny gtwrar:tor or stnety for 13ebtor. <br />UPON SUCH DEFAULT and at any time thereafter, ar if ,t deems ttsrlf in.r:ure, Secured Party may declare •rll Oblig- <br />ations secutecl hereby inurredfateiy due and payab~ acrd shall }uvr Lhr rrrr,ediea of a savored party under the Nebraska Uniform <br />Cammeuetial Coda. Stcnued Party may reywre Debtor to assent trk the (:nllateral and deliver or make d available to Secured Party <br />at a pLu~e to be desrgnazed by Secuued Parry which is reasorurbly ctxrveenent to both parties t'niess the (:allateral is perishabb o[ <br />threatens to dec}itse s 1}' in value er +s of :r type c,rstnrrtarily auki un a retvga,acd urarket, Secw'ed Party will give Llebtm <br />i•ezsorrabk notice oft -time a»d place of ;u,y pnhlic salt' thexeof or of the tune after whtc6 soy private sale or any otfrer intenried <br />dispasitum therof is to he made. The reyuuernents tr{ reasanabk notice sfmlt be met rf nrch nutter is marled, postage prepaid, to <br />the address of Debtor shown at the beYttnnmg of thu agreetnrnt at least five days frefore the time of the sale or riisposition. <br />14o waiver by Securrxl Party cd any default shall operate as a wnivrr of any ether default ar of the same deiattlt nn a future <br />tstexrian. The taking of this seetrnty agra~menl shall cwt waive ar tmpair any other security said Secured Party may have ar htre- <br />affer augtrite for the paynseirt of the above irrdebteclarss, nor shall the takfreg uI any such additional security waive or impale this <br />aeettriiy a{reement; but uid Secured Party pray resort to auy security it ntay leave nt the order rt may deem proper, sad nutwltlt- <br />starx3icg any colhtera3 srottuity, Searrtd Party shall retain its rights of setoff against llebtor. <br />All rights of Sauced Party hereusxler shall snore to the benefit of its suaessars and assigns; seed aII premises and dutlea <br />of Debtor shalt bleed his heirs, excxutrrrs ur udrwnsuaton or his ar its suxessors or assigns. tf them he «sora than ntse Debtor, <br />their liabititiet herewadet shag be faint and sr.rral. <br />Tltia agreemeat shall becwrtc eftettivr when it is signed by Debtor. =L,i <br />y'. <br /> <br /> <br /> <br /> <br />