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<br /> 01007885
<br /> MORTGAGE
<br /> Loan No: 49943LP (Continued) Page 5
<br /> Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property
<br /> marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in
<br /> one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
<br /> Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the
<br /> time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean
<br /> notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in
<br /> conjunction with any sale of the Real Property.
<br /> Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
<br /> expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not
<br /> affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so
<br /> as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the
<br /> rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or
<br /> to proceed against any other collateral directly or indirectly securing the Indebtedness.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be
<br /> entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any.
<br /> court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br /> necessary at any time for the protection of its interest or the enforcerent of its rights shall become a part of the Indebtedness payable
<br /> on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br /> include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br /> whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br /> vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br /> records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent
<br /> permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
<br /> NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale
<br /> shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required
<br /> by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first
<br /> class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of
<br /> notices of foreclosure from the holder of any lien which has priority over this Mortgage shall he sent to Lender's address, as shown near
<br /> the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the
<br /> other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep
<br /> Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor,
<br /> any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
<br /> GRANTOR'S AUTHORIZATION TO LENDER. Grantor hereby authorizes lender, without notice, to sell, transfer, assign or grant
<br /> participations in all or any part of Grantor's indebtedness evidenced by the indebtedness.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
<br /> Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the
<br /> parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in .
<br /> writing and signed by the party or parties sought 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 income" shall mean all cash receipts from the Property less all cash expenditures made in
<br /> connection with the operation of the Property.
<br /> Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to 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 Kansas without regard to its conflicts of law provisions. However, if there ever is
<br /> a question about whether any provision 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 /> Note 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 Kansas.
<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, shall 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 or withheld in the sole discretion of Lender.
<br /> Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any
<br /> circumstance, that finding shall not make the offending provision 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 Mortgage 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 ownership 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 /> the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Mor
<br /> Waive Jury. All parties to this Mortgage hereby waive the right to an l
<br /> y any jury ,Any action, proceeding, or counterclaim brought by
<br /> any party against any other party. '
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<br /> Waiver of Homestead Exemption. Grantor hereby releases and waives all ri is and benefits of the homestead exemption laws of the
<br /> State of Nebraska as to all Indebtedness secured by this Mortgage. r
<br /> DEFINITIONS. The following capitalized words and terms shall have the foil ' in g, meanings when' ysed in this Mortgage. Unless
<br /> specifically stated to the contrary, all references to dollar amounts shall mean amounts *in lawful mo-hey of the United States of America.
<br /> Words and terms used in the singular shall include the plural, and the plural shall include. the'sing'ular, as the context may require. Words
<br /> and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terrfis in the Uniform Commercial Code:
<br /> Borrower. The word "Borrower" means Custard Cats, LLC and includes all co-signers and co-makers signing the Note and all their
<br /> successors and assigns.
<br /> Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default".
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