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by this Mortgage. Mortgagor shall pay to Mortgagee the amount of any deflcienoy betweea the actual tages, assese- <br /> mente, insurance premiums and ground rents and the deposits hereuader within 10 days atter demand is made upon <br /> Mortgagor requesting paynneat thereoL <br /> 8. Rspair,Maiatenaace and Uee.To promptly repa3r,restore or rebuild any buildings or improvements now or � <br /> hereatter on the Property;to keep the Property in good condition and repair,without waste,aad iree from meohania's or ' <br /> other liens not espreasly subordinated to the lien hereof; not to make, suiier or permit any nuisanoe to esist, mor to <br /> diminish or impair the value of the Properiy by any act or omission to aot; and to comply with all requirements of law � <br /> with respeot to the Property. Q <br /> 7. Condemaation. In the event the Property, or any part thereof, sha,ll be taken by eminent domain, the <br /> Mortgagee is empowered to colleot and receive all compensation whioh may be paid for aRy property taken or for dam- <br /> ages to properiy not taken, and Mortgagee ahall app�y suah oompensation, at its oprioa, either to a reduction of the � <br /> indebtedness secured hereby or to repair and restore the pmperty so damaged. <br /> S. Performance by Mortgagee.Mortgagee may,but shall have no obligation,to do any act which the Mortgagor <br /> hae agreed but isils to do, and Mortgagee may also do aqy aat it deems neoessary to protect the lien hereoL Mortgagor <br /> agrees to repay, upon demand, any sums so eapended by the Mortgagee for the above purposes, and any sums so <br /> espended by the Mortgagee aha11 be added to the indebtedness secured hereby aad become subject to the lien hereoL <br /> Mortgagee shall not inour a�q personalliabilit,y beoauee oi aqything it m�y do or omit to do hereunder. <br /> 9. Default;Assignmeat oi Reats.Time is oi the essence hereof, and upon Mortgagor's default in an,q oovenent <br /> or agreement ot this Mortgage,including covenaats to pay when due the sums secured by thfe Mortgage,the Mortgagee <br /> sha11 be entitled, at ita sole option and without notice, to dealare all sums secured by this Mortgage to the immediate�y <br /> due and payable and ma,y aommenoe lorealosure o!this Mortgage by judiaial prooeedings; and, provided further, that <br /> upon such default the Mortgagee,or a reoeiver appointed by a court,may at ita option and without regard to the adequar <br /> ay oi the seaurity,eater upon and take possession oi the Property and collect the rents,issues and profita thereirom and <br /> app�,y them iirat to the oost o!colleotion aad operation ot the Property and then upon the iadebtedness seoured by this <br /> Mortgage; said rents. issues and profits being sesigned to the Mortgagee as i`urther security for the payment of the <br /> indebtedness secured hereby. <br /> 10. Transler oi Property.If all or any part of the Properly is sold or transferred without the egpress written aon- <br /> sent o!the Mortgagee, Mortgagee me�►at ite sole option, deolare all sume seoured by this Mortgage to be immediately <br /> due and payable. <br /> 11. Future Advaaces. Upon request oi Mortgagor, Mortgagee may make additional and future advances to <br /> Mortgagor.Suoh advanoes,with interest thereon.shall be seaured by this Mortgage when evidenaed by promiasory notes <br /> etating that said notes are seoured hereby. At ao t3me shall the prinoipal amount o!the indebtedness seoured by this <br /> Mortgage,not inoluding sums advanced to protect the secsurlty of thfs Mortgage,esceed the original Note. <br /> 12. Miscellaneous Provieions. <br /> (a) Any forebearance in esercising any��it or remedy aha11 not be a waiver thereoL <br /> (b) All remedies provided hereia are distinct aad cumulative to any other right afiorded by law or equity, <br /> and may be egeroised concurrent�y,independently or successively. <br /> (c) The covenants and agreements contained herein sha11 bind, and the righta inure to,the respective suc- <br /> aessors and asaigns of the Mortgagor and the Mortgagee. <br /> (d) All oovenants and agreements of the Mortgagor are joint and several. <br /> (e) The headinga of the paragraphs o!thia Mortgage are!or Qonvenience only and ahall not be used to inter <br /> pret or define the prnvisions hereoi. <br /> iS. Rsleaae. Upon payment of all sums secured by this Mortgage, Mortgagee shall discsharge this Mortgage and <br /> shall exeoute and deliver a satisfaotory release therefor. <br /> IN WITNE$8 WHEFiEOF,Mortgagor ha�s ezecuted this Mortgage on the 1 St day oi A p rtil . 19��. <br /> (James A. Ellis) <br /> • ��r <br /> (Misty F. Ellis) � <br /> sorrower <br /> State of Nebraska, H al l County ss: <br /> On this 21� day of �T�j� . 19�_,before me,the underaigned,a Notary Publio <br /> du�y commissioaed and qualilied for said county,personally came .]a m P c A_ F lli c a/k,(a .1 a m a c F E113.� <br /> and Misty F. Ellis, husband and wife tome�moWntobetne <br /> identical person(s)whose name(s)are subscribed to the foregoing instrumeat and acl�owledged the execution thereof <br /> to be th ei r voluntary act and deed. <br /> witness�y nana ana notarial seal at r r�n d I sl�n d, I�.e b ra s I�a in saia oounty,tne <br /> date aforesaid. � ,, <br /> My Commission espires: ��� GENERAL NOTARYState o�Nebraska <br /> VlCKY J.GLAUSE <br /> MY Comm.Exp,pe�,3a,iggg Notary Public <br /> NBC 1066 8/95 <br /> �National Bank of Commerce Trust and Savings Assoclation,Lincoln,Nebraska <br />