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k `~ "` ''~~'` ~ '° ~ MORTGAGE 201000851
<br />Loan No: 57296005729609 (Continued) Page 7
<br />MISCELLANEOUS PROVISIONS. The following miscellanepus provisions are a part of this Mortgage:
<br />Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement pf the
<br />parties as to the matters set forth in this Mortgage. No alteration pf or amendment to this Mortgage shall be sffeotive unless given in
<br />writing and signed by the party or parties spught to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating inepme" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connectipn with the pperation of the Property.
<br />Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are net to be used tp Interpret or define
<br />the provisions of this Mortgage.
<br />Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights against the Property,
<br />this Mortgage will be governed by federal law applicable to Lender and to the extent not preempted by federal law, the laws of the
<br />State of Nebraska. In all other respects, this Mortgage will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Illinois without regard to its conflicts of law provisions. However, if there ever is a
<br />question about whether any prevision of this Mortgage is valid or enforceable, the provision that is questioned will be governed by
<br />whichever state or federal law would find the provision to be valid and enforceable. The loan transaction that is evidenced by the
<br />Npte and this Mortgage has been applied for, considered, approved and made, and all necessary loan documents have been accepted
<br />by Lender In the State of Illinois.
<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Winnebago
<br />County, State of Illinois.
<br />Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be jpint and several, and all references to
<br />Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that
<br />sash Grantor signing below is responsible for all obligations in this Mortgage. Where any one or more of the parties is a corporation,
<br />partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers,
<br />directors, partners, members, or ether agents opting or purporting to act on the entity's behalf, and any obligations made pr preated in
<br />reliance upon the professed exercise of such powers shall be guaranteed under this Mortgage.
<br />No Waiver by Lender. 'Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right
<br />otherwise to demand strict compliance with that provision or any other provision of this Mortgage, No prior waiver by Lender, nor any
<br />course of dealing between Lender and Grantor, shalt constitute a waiver of any of Lender's rights or of any of Grantor's obligations as
<br />to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender
<br />in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such
<br />consent may be granted pr withheld in the sole discretion of Lender.
<br />Sevarability. If a court of competent jurisdiction finds any prevision of this Mprtgage to be illegal, invalid, or unenforceable as to any
<br />circumstance, that finding shall net make the offending provisipn illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality,
<br />invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other
<br />provision of this Mortgage.
<br />Merger. There shall be no merger of the interest or estate created by this Mprtgage with any other interest or estate in the Property
<br />at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Successors and Assigns.. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If pwnership of the Property becomes vested in a
<br />person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and
<br />the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under
<br />thsindebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Mortgage.
<br />Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by
<br />any party against any other party.
<br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as tp all Indebtedness secured by this Mortgage.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Borrower. The word "Borrower" means RT5 Business Holdings Inc. and Roger D. Sandefer and includes all co-signers and co-makers
<br />signing the Note and all their successors and assigns.
<br />Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default".
<br />Environmental Laws. The words "Environmental Laws" moan any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Cpmprehensive Environmental
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