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1 <br />7, COndeenNtl0a. In the event the Property, orany pert thereof, shall be taken by eminent domain,the Mortgage <br />htmpower0d to cWk ct and receive all compensation which may be paid for any property taken or for damages to property <br />PM Ukta. and Matgagee AIUM apps'y such compensation, at its option, either to a reduction of the indebtedness secured <br />hereby or to repair and restore the property so damaged, <br />1L lrrfoteaaaee by Mortgage* Mortgagee may, but shalt have no obligation, to do any act which the Mortgagor <br />has attesea but fats to do, and Mortgagee my also do any act it deems necessary to protect the lien hereof. Mortgagor <br />agtm to repay, upon demand, any sums so expended by the mortgagee for the above purposes, and any sum so expended <br />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien bereof. Mortgagee <br />sLal not incur any personal 11ablllty because of anything it MAY do or omit to do hereunder. <br />f. Default; Asidgammt of Rants. Time Is of the essence hereof, and upola Moripgoe's detain in any covenant <br />oe agreement of this Hortpge, including covenants to pay when due the sum secured by this Mortgage, tie Mortppe shall <br />be entl*d. at Its sole option tnd without notice, to declare sti sums secured by this Mortgage to be immediately due and <br />payable and may commence foreclosure of this Mortgage by judicial <br />default the Mortgagee, or a receiver a Q' sad, provided ftrrttler, that upon such <br />appointed by a court, ma<y at ib option and without regard to the adequacy of the <br />security, enter upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them <br />first to the cost of collection and operation of the Proptrty and then upon the indebtedness secured by this Mortgagee; <br />UM Teats, haues and profits being assigned to the Mortgagieee as farther security for the payment of the Indebtedness <br />secured hereby. <br />10. 'Ikander of Property. If all or any put of the PMM' sty is sold or transferred without the express written con- <br />sent of the Mortgagee, Mortgagee may at its sole option, aware all sums'.seeured by this Mortgage to be immediately due <br />and payable. <br />11, Fuhm Advances. Upon request of Mortgagor. Mortgagee may make additional and future advances to <br />Mortgagor. Such advances, with Interest thereon, shall be secured by this Mortgage when evidenced by promissory notes <br />stating that said notes are secured hereby. At no time shall the prinaipal amount of the indebtedness secuipd by this <br />MAW, not including sums advanced to protect the security of this Mortgage, exceed the original Note. <br />1� Mieodlaneous 8rovitlons. <br />(a) Ari) forebearance, in ezercisiar any right or remedy shall not be a waiver thereoL <br />(b) AN remedies provided herein are dkiinct'and cumulative to any other right afforded by law or equity, <br />and may be exercised coocuu iA4, Illdependemttg Qrsuccessively. <br />(c) The covenants and apeemfts contained herein shall bind, and the rights Inure to, the respective <br />successors and assigns of the Mortgagor and "the Mortgagee, <br />(d) All covenants and ape+ements of the Mortgagor are joint and several. <br />(e) The headings of the paragraphs of this Mortgage are for convenience only and shall not be used to inter- <br />pret or define the provisions hereof. <br />i8. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discha this Mortgage. and <br />shall Pic Iftte and deliver a satisfactory release therefor: rge <br />IN WITNESS WHEREOF Mort <br />gagor has executed this Mortgage on the 2nd day of FehruarT.._,1984_. <br />I fttrick L. Fitzgeral awaowee <br />`— (Rita A. Fitzgeraldfe6 sorrower <br />State of Nebrasita, Hall County ss: <br />Eln this 2rsd day of FehrUar <br />• �— Y ..19...82., before me. the undersigned, a Notary Public <br />` duiT cxititmissioned and qualified for <br />9 said county, personally carne Patrick i _ Ftr79pralri s' Rita a <br />-Ej ¢pairs - i+uehand and wife , to me known to be the <br />�MehUt*'-person(s) whose names) ore subrald�etl'to the foregoing instrument and acknowledged ge the execution thereof <br />to -be, r voluntary, act rigid "deed. <br />Witness my hand and notarial seal-at Grari.i latanrl Nohenclem in said coon the <br />date aforesaid. �M 110TAA1( -j`�la a �� county, <br />MY Commission expires: <br />91 i3clt M1. <br />Notary Public <br />(Soobe Ballow This tine Reaeseed For Lender and Recorder) <br />.000_�0 <br />n <br />rn <br />C <br />c'y cn <br />1 <br />r`� <br />y <br />D r. <br />M <br />�� <br />'► 6 <br />t— CD <br />Nk 1068 IND 309 2 1e0 <br />v to <br />M <br />G <br />1 <br />f <br />r­_ - <br />t� <br />M <br />MI <br />