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<br /> 7�°- QU4339 �
<br /> � � � � 9. Upon any; failure by the Tfortgagor to �comply with or perform any, of the terms, covrnants or conditions oE this Mort- � � � . � . �
<br /> gage . tequiring the � payment of� any amount of money by the Mottgagor, other � than the principal amount of � the loan cvidenced . by � . �
<br /> � .� the Note, interest � and � other � charges, . as � provided � in � the Notc, thc Mortgaser may at . its optiun makc svch : payment. � Every � � �
<br /> � � paymept so �made by � �the 'Mortgagee (induding � � reasonable attorney's fees' incurred . thereby) , . with intercst thereon hom . the �date
<br /> � � . . of` auch payment, at t6e� �tatr of�..�six : pucent �(6 % ) per annum, except . any � payment for which �.�a different tate of intetest . is . � ,
<br /> . � � . specified herein, �shall be payable by � the Mortgagot to the Mortgagee � on� demand and shaU be secured . by this Mortgage: This . �
<br /> �� . � � Mortgage wi[h respect �to. any such amount�: and the �interest thereon, sfiall � constitute � a lien on the � moHgaged ptaQerty prioi to � � . �
<br /> aay � other liea .uttaching ..or . accruing subsequent to the lien .of� this Mortgage. � �
<br /> � . IO. . The . �Mortgagee;���by _�any bf� its agents ot representatives, shall have the right to inspcct the �mortgagtd property from time � � �
<br /> � to [ime at. any� ttasonablt hour of the day: Should the mnrtgaged pro�crty, � or any par[ thereof, at . nny � time� . «quire inspedion, � �
<br /> � 7epaii, care ot attention of any :kind or nature �� not provided � by this Mortgage as .determined by the � Mortgagee � in its soio dis- �
<br /> � � � �etetiop, '. the �Mortgagee �may, � after notice �to �the Mortgagor. ' enter or � causo. entry to be.�� .mnde � upoo, the � mortgaged� property,� and � �
<br /> . � iaspec[,�.� repair, protect,��: cate for o� maintain such � property, .as the Mortgagee may in its sole discretion deem necessary, �and � may � .
<br /> � � � p¢y 'a16 amounts of �moncy ��thereEor, as the Afortgagce may in its solc discretion deem � necessary. � � � � � � � � �
<br /> ' � . � � ' 11. Thd �ptintipal � amouM � owing on the Note together with inSerest � thereon and . al l othec chargea, as . thrrein . ptovided.� � . �
<br /> � . and all o[har amounts of money'.owing . by the � Mortgagoz to the Mortgagee pursuant to and srcured � or inteaded. � to be�� secuced ' . . �
<br /> � . � � by�. this � Mortgage,: ahall immediately become due and �payable without notice or demand upon the �appointment �of a receiver oz .
<br /> � � � liquidaYor, � wbethet voluntary or . involuntaty, for . the Mottgagor or any of the property of tfie . Mortgagor; or upon the filing of
<br /> � . . � t � pe6tion � by ot � againsE. the Mortgagor under the � provisions of any State insolvency law, or mder the � provisions of the . T3an�-
<br /> . � . tup[cy AK of 1898, as amended, or upon the making by Ihe Mortgagor oF an assignment for the benefit of tke Mortgagoi s credi[ors.
<br /> . � � The IHortgagoe is authorized Eo dectare, at ifs option, � a(t or any part of suc0 indebtedness immediatrfy dur and payable upon the . �
<br /> � . . � happening of any of the � following events: � � � � . � � � . . . � � . "
<br /> � . � (a } Failuze to pay � the amount of any installment of principal and interest, or other charges payable on the Note, which shall
<br /> �� � ��� have become �due, prior to the due date of �the next such installment; � . . � . . � .
<br /> � � (b) Nonperformance by the Mortgagor of � any . mvenant, agreement, term � or conditio❑ of this �Mortgagq or � of � the Note � . �
<br /> � . � (ezcept as otherwise provided � in subdivisioa (a) hareof} or of any otheY agrcement heretofote, herowith or hereafter made . �� � �
<br /> � . . . by tf�e Mor[gagor � with the Mortgagee in wnnection with such indebtednesr, . - � � � � �
<br /> � � � (c). Failure of the Mortgagor. to perform any . covenant, agreemrnt, term or condition in any instrume�t czeatin� a Iien upon . � � � �
<br /> � � . � � the �tnortgaged ptopetty, or any patt thercof, which shrll have pciority ovei the lien of this � Mortgage; . . . . � � � �
<br /> � . � � (d) The bfortgagee's� discovery of the Mortgagor's failure in any application of the Dtortgagor to the Mortgagee to disclose ,. �
<br /> � � � �� . . any fact detmed by the Mortgagec to bc material , or of Ihe making therein or in any oE the agreemrnts entered into � � �� �
<br /> � � � � � by thc Mortgagor with �the Mortgagee ( induding, but nat limited to, thc Note and this Mortgage) of any misrepresen- . �
<br /> . . � � tation by, on behalf of, or for the benefit of, thc Mortgagor, � . � � . � � . �
<br /> � . � � � (e) T2ie � sale, lease or othet transfet of any kind or nature �of the mortgaged property, or � any� part thereof, without the ptior �
<br /> j � . � writtrn consent of the Mortgagee; . � � � � � � .
<br /> � � � � (f)� The . enactment � aftcr thr date of this Mortgage of any law of the Stntr of �Nebraska deducting from� the value of� . . : � �
<br /> . � the mortgaged properry (or any part thereof), for thc purpose of . taxation, any lien thereon, � oz changing:: in any .way � �� . . � . �
<br /> � � its laws for the taxation of mortgages nr debts secuted by mortgage for state or local purposes, or the manner of� tollec- . . � � � � �
<br /> tioa of any �such tax, so as to affect this Morlgage, and if after such enactrnent or change the holdu of the Note and � this � . �. �� �
<br /> � � Mortgage ;�ives � wtitten notice � to the . Afortgagor declaring the Note and a� l other indebtedness secucod by this. Mortgage �.
<br /> r . � to be due and payablq because of any such enactment or changq immediately upon the expiration of � thirty ( 30) days �
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<br /> aftcr sucd notice.
<br /> � �. �The Mortgagee's failutc to exercix . any of its rights hereunder shall not constitute a waiver thereof. All fhe eveMs in this Para- � . . �
<br /> � � � . � graph enumerated �� upon the happening of any of which the Note shal ( become, or may be declared to be, im.media[ely � due and �
<br /> � � � � payable, are in this �Mortgage called "evcnts of default". � . � � � . . � � � . � �
<br /> � . . � . 12. T5e Mortgagee � may from time to time cure each deEault � under any covenant or ngreement � in any instrument cteating . a � � � �
<br /> � lien upon the: mortgaged property, ot any part thereof, which shall have. priority ovrr the �ien � of this Mortgage, to such extent � �� �
<br /> � as the Mortgagee may exdusiveIy determine, and each. amount paid (if any) �. by the � Mortgagce ro cure any such default shall be paid . �
<br /> . � by the Mortgagor to � the Mortgagee; and the Mortgagee shall also become subrogated to whatever rights the holder of the prior � � �
<br /> � . � . � lien might . have. under such insirument. . . � � � . . . . . ' . . .
<br /> �� . 13. (a) After the �� � happening �of any deEault hcrcundeq � the Mortgagor shall upon demand of � the Mortgagee surrende[ �posses- � � �
<br /> . . sion of � the mortgaged property to the Mortgagee, and the MoTtgagee may enter �such property, � and Iet the same and collect. all the � . � �
<br /> � � � rrn[s thetefronr which � are due or � to . become due, and apply the same, nfter �ayment of a(1 charges � and cxpenses, � on acmunt � nf � : � � � �
<br /> � the indebtedness hereby secured, and all such rents and all leases existing � at the time of such default am � hereby assigned. � to the � . � . � �
<br /> �; � Mottgagee as futther secutity for. the payment � of the indebtedness secured hereby; and the Mortgagee may also dispossess, by tht � y � � � � . .
<br /> � � � usual summary � ptoceedings, any trnant defauiting in the payment of any rent ro the Mortgagee. � � � � � �
<br /> � . . . � . (b) In the � evrnt that the Mortgagor occupies the mortgaged property or any part thrreof, the Mortgagot agrees to � surrendu � . � � .
<br /> possession� of such� property to the Diurtgagre iinmediutrly after any such default hereunder, and if the Mortgagor remains in pos- � � � � � � � .
<br /> � . session after such default, such possession shall be as a� tenant of the Mortgagce, and the 2+Sortgagnr sh�ll pay in advanm, upon � � � � � � �
<br /> demand by the Mortgagee, as a reasonable monthly rental For the premises occupied by thr Afortgagor, an amount at least equivatrnt � � � � - � �
<br /> . . to �onatweffth oE the aggregatt of the twelve monthly installments . pa}•able in the �cuuent calendar year, plus the actual amount of � . � � � � �
<br /> � . the annual ground rent, if any, taxes, assessments, �vatet ra[es, other governmental charges and insurance. premiums payable in � � . � � � �
<br /> . . . � connection with . the mortgaged yroprrty during suc6 year, and upon the failure of the Mortgagot �to pay sueh monthly rental, � . � � � � �
<br /> `�. the Mortgagot may also be dispossessed by the usual summary �proceedings applicable ' tn tenants. This covenant shall become � � � �
<br /> efFective immediatrly upon the happening of any such default, as detrcmined ia the sole � discretion of the Mortgager, who sha❑ . � � � �
<br /> . � give notite .of sucf� determination to the Mortgagor ; and in the case of foredosute and thr appointment of a recoiver of the rants, � � � � � �.
<br /> � � tht within eovenant shall inure to thr benefit of such rerciver. � . � � � � . � � .
<br /> �� 14: The Mortgagee in � any aetion to � fotedost this Moctgage shall be entitled to tl�c appointment of a receiver without notice, �. � . � � � � � .. ��
<br /> : . � as .a matter of right and without regard to the value of tlie mortgaged property, or the solvency or insolvmcy of the Mort,gag<��r � � � - � '
<br /> . or other pa.r�ty Iiabie far� the � payment of . the Notr and othez indebtedness secured by this Mortgage. � � � � � � � � � � � . . � �
<br /> � � . � 15. The .Mortgagor, within ten � (SO) . days � upon tequest in . person or within lwenty ( 20) days upon rcquest by maii, will � � � � � � � � �
<br /> : � � �futnish. promptly . a writkrn statement in � form satisfattory to the. Mortgagee, � signed bp � thc Dior:gagor and du!}• acknowledged, of � � i � �
<br /> . � the amount then � owing`on the � � Note and other iadebtedness � secured by this � hfortgagq and � whether any offsets � or defenses � � '
<br /> . . . � ezist, against suc6- indebtedness or anypart tixreaf. . . � . � � � . � . . . . �. . . , � .. r's�,� ,.. ,k"», :
<br /> . 16. Tt�e Mortgagor wi11 � give immediate notice by registercd or :certifird mail to. the h4ortgagee � of any fire, damage or other � � � "'��'"
<br /> � casualty affecting.�tl�e mortguged propetty, oz of any conveyance, transfrr �or changr in owner>hip of such properry, or � any part
<br /> � � � Nt
<br /> �G �ereof: .
<br /> IZ NoUce and demand br re uest ma be made in ' wririn und may be served in �' �,���
<br /> � . q y . S person or by mail.
<br /> . . � � �. ' 18. �In case � of a foteclosure .sale� oE the�. mortgageU � property it map be sold in one parcel. - � � �
<br /> . �. .. 19.�.Thc Mottgagor will not assign the rents, if ax�y, � in whole. ar in �rart, from the r�er!gaged proFerty, or aay pazt tdcrcof, � " " .
<br /> � without' the pciot writtea consent of���the Mortgagea �. � � � : �� � `�.� �� . � .
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