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' r ►T <br /> - U0246 '� <br /> � s- <br /> 9. Upou �n� failure by the Mortgagor to compl� wiN or perform any of the teims, covenaats or conditions of thia Mort- <br /> gage reqniring lhe payment of any amounL of moaep bs the Mortgag�r, other than the principal •mount of the Ioan evideaced by <br /> t6e Note, interest aad othet charges, as provided i� the Note, the Mortgagec may at its option make such payment. Every <br /> pa�meat w made b� t6e Alortgagee ( intluding reasonable attorney's fees incurred theteby) , with interest thereon frnm tl�e date <br /> oE sucb psyment, at tl�e tate oE six petcent (6 ^10 ) pet annum, ezcept any paymrnt for which s dif(erent rate of interest ie I <br /> speeified herein, shall be payable by lhe Mottgagor to the Mortgzgec on demand and shall be secuced by this Mortgage. This <br /> �: Mottgage with � respecE �to aa� such amount and tde intvest thercen, shall constitute a lien on the mortgaged property piior to <br /> �� aa� ot6ar lim at4ching � or accruinR subsequtnt w ehe lien of this Mortgage. <br /> � . . 10. Yhe bfortgaaee, b��- any of ib . �geats or representatives, shal � hxve the right to inspect the mortgaged propertr from time <br /> � to time �t anr tessonable hout of the day. Shoutd the martgaged property, or any . part thereoF, at any time require inspection, <br /> � rep�iq care or attentioo of any kind or aature not provided by thia Mortgage as determined by tl�e Mortg�gee in its wle dis- <br /> . ctetion, the Mortaagee maq, after notice to the Mortgagor, enter or cause entry to be maJe upon, the murtgaged property, and <br /> . inspect, repair, protect, eare for or maintain such properry, as the Mortgn�Gec may in its s<,le discretion deem nccdsary, tad mq � <br /> par �tl amounts � oF mo�er there(or, as the Atnctgagee may in ib sole disrretinn deem ne�essary. <br /> 11. The principal amount owi�g on the Note together with interest thereon and a�l other charges, as therein � pro�ided, � <br /> md all other amomts of money � owing� by the Mortgagor to the Mortgagee pursuant to and secured or intended to be aeeured . <br /> �� by thie Mortgage, shall immediatelg become due and. {?pyable without notice or Jemand upon the appointmmt of a «ceiver ot <br /> tiquidatos, whether voluntiry � or involuntary, for t6e bfortgagor or any of the property of tfie Mortgagor, ur upon thc filing of <br /> � a petition br or against the Mortgagor under the proJisions of any State insolvency taw, or under the provisinns of the Hank- <br /> � ruptq Act af 1898. as amended, or upon the making by the Aiortgagor of an assiqnment for the beneEit of the Mortgagor's creditors � <br /> � The Morqpgee is authorised to declue, at its option, all or any part of such indebtedness immedi: lcly due anJ payable upon tht <br /> happenina of any of the (ollow�ing events: � <br /> � (a) Fsilure to pay the amount of any instaliment of principal and intercst, oc other chargrs payable on the Note, which shall � <br /> �� have become due, prior to the due date of the neut such installment; .. <br /> (b) Nonpertormance by the Mortgagor of any covenaat, agreement, term or condition oE tbis Mortgage, or of the Note <br /> � (ezcept as otherwise provided ia subdiviaion (a ) hereof) or of any othcr agreement heretoforq herewitl� or hereaEter made <br /> by the Mortgagor with the Afortg�gee in connection with such inJebtednezs; � � <br /> � (c) Failure of the Mortgagor to perform any covenant, agreemenq term or condition in any instcument crating a liea upon <br /> � t6e mortgLged property; or any part Nereof, w�hich shall have priority nver the lim of this Mortgage; . � <br /> �� � � (d) The Mortgagee s discovery o( the Mortgagor's failure in any application ef the Martgogor to the Mortgagee to diulou <br /> . ■ny (act deemed b� the Mortgagee to be �m�terial, or u( the making �lierein or in any of the agreemmts entered into � � <br /> _ , . . by the Mortgagot with the Mortgagee ( incluJing, but not limited cq thr. Note and this Dfurtgage) of any miueprdea- <br /> � tstion by, on bchalf of, or tor the benefit of, the Mongagor, . <br /> � (e) T6e sale, lease or other Iranafer of any kind or nature of the mortgaged property, or any part thereof, w�ithout the priot '� <br /> � • w�ritten consrnt of the Moregagee; ' � <br /> � (() The enactment after ' thc Jate of this Mnrtgage of any law uf thr Statr of Nebnska deduccing from the va�ue of <br /> �� the mor2saged� prL'peit�,' �(or any qrt tkereof);� (ot the purpose of taxation, any lien � thereon, or thanaina in any w�a� ; <br /> its laws for the taution � of mortgages or debts secnred by mortgage for state or local purposes, or the minner of colleo- ; <br /> � tion oE my such tax, so as to af(ect this Mortgage, and if after such emctmen[ or change the Loldec oE the Note aad tbia � <br /> � Mortaage gives wriEten notice to -the Mortga'got• dedArina the Note and all ochcr indebtedness secured by this Mortg�6e <br /> � to be due and piyable, because of any such enactmrnt -or ' change, immrdiately upon the expiration of thirty (30) dqf � � � <br /> � after euch notice. � <br /> � 17u Afortgagee's failure to ezercise aay uf its rights hereunder shaU not constitute a waiver thereof. AI► the events in thia Pan- . <br /> � gtaph enumented upon the happening of a�y of which the Note shall bccome, oc may be Jeclared to be, immediately due and - <br /> parable, are in this Mortgage called "evcnts of de(ault". <br /> . 12. T6e Mottgagee may from time to time cure each deEault under any covenant oc agceement in any instrument crestina • <br /> � � liea upon ehe mortgaged properry, or any part tliurof, which ehall have priority over the lien ef �hi� Mortgage, to such extent . <br /> �� . as � the Mortgagee mar ezclusively determine, a�d each amount paid (if any ) by Ihe Mortgagec ro cure any such de(ault shall be paid � <br /> � � . _; .. � b� ,the Afortgagor to tbe MorCgagce; and the Dfortgagee shall also become suhrogated to whatever righ[s the holAer of the ptior <br /> � . , lien miaht have under suth instrumrnt �� <br /> � . ' 13. (a) After the happening of any dehult hereunder, the Mortgagor shall upon demand of the Mortgagee surrendtt poeies- � <br /> � - sio� of the mortgaged property to the Tlortg�gee, and the Mortgagee may entrr such property, and tet the same and collect ��I tde <br /> �. - rmts therefrom whicA are due or to become due, and �pply the same, after payment o( all charges and e:peases, on account of <br /> � � the iadebiedness herebr secured, nnd all such rrnts anJ all leases existing at the time of such de(ault are hereby �ssigned to the . <br /> . . � ' Mortaagee as (urther security (or the payment of the indebtedness secured hercby; anJ the Mortgagee m�� a1w dispossess, by ttie <br /> � � usual summary proceedings, any tentnt defaulting in the payment oE any rcnt to the Dfortgagee. <br /> � (b) In the evmt that the Moctgagor occupics the mortgaged property or ony part thereof, the Mortgagor agrees to surrmder <br /> � possesaion of suth property to the Mortgagee immedi�tely after an� such dcfault hemunder, and if the Moctgagor remains in pos- <br /> _ session �fter such default, such possession shall be as a tenant of the Mortgagcr, and the Afortgagor shall pay in advance, upon <br /> �. demand by the Mortgagee, as a rnsonable monthly rrntal fm the premise. uccupied by the Mnrtgagor. an amount at Inst equivalmt <br /> to one-twdith of the aggregate of the twelve monthly installment� payable in d�e � urrcnt calendar year, plus t6e actual amount of <br /> �. . ehe annual ground rent, if any, wzes, axsessmrnts, water ntea, other tiovemmcntal charges and insurance premiums pay:ble ia <br /> � wnnectioa with the mortg�ged property during such year, and upon the failure of thr Mortqagor to pay suth monthl� rmtal, <br /> d�e Mortsaaor ma� atw be disposaessed by the usual summary proceedinRs applicablr �o eenants. This covenant shalt become <br /> ef[ective immediately upon the happening of any such default, u determinrJ in the sole discrction of the Mortgagee, who ahall . <br /> . give notice of such determination to the Afortgagor; and in the nse of foredosure and the appointment oE a receiver of the rrnts, <br /> the vithin covemnt shall inure to the benefit of such mceiver. <br /> 1�. 1'he Mortgaaee in any action tn foreclox this Afortgage shall be entitled to the appointmenc of a receiver .vithout notice, <br /> as a mattv of right aad without reg�rd w the value of the moregaged pruperty, or the aolvcncy or insolvmcy of the Martg�sor <br /> � ot othec puty liable for the payment of the Note and other indebtedness sacured by this Mort6+6�• <br /> . � � 15. The Mortgagor, vithin trn ( 10) days upon request in person or within tweMy (20) days upon request by m�i7, �rill <br /> : Euraish prornpU� a writtrn statement in form satis(actory to the Mortgagee, signeJ by the Mortgngot and duly acknowledged, of <br /> the amovnt � ehon � oving .on t6e�. Note and other indebtedneu secured by this Moitgage, and whethet �n� o((uts or de(eases ` _ <br /> � evst agaiast such indebtedness or aay part thereof. <br /> ( � , � 26. 'Che �Mortaaaor wrill aire immediate aotice b� reaistered ot certified m�il to the Mortgagee of an� fiu, damiae or other <br /> E easoalry affectias. the mortg�ged propert�, or of snr come�anee, tnnsfer or chang�• in ownership o4 euc6 propert�, or �n7 p�n <br /> : theteof. • <br /> � �:� 17. Notiee and demutd: or request may . be made in writina and may be serred in per.on oc by mail. <br /> � . � � � 18. Iu : csae of a foreelo�ure sale of the mortgagcd properq it m�r 1se sold in one parcel. <br />� � 19. The Mortgaaor w�ill not �ssigtf the rrnts, if ��ar, in xhole or in part, from the mortgaged propecty, ur any put t6ereo(, <br />�-� �rithout t6e prior written consent of the Mortgagee. � <br />� <br /> f <br /> 1 . <br />