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O MICROFILMED <br />9• Upon any failure by- the Mortgagor to comply with or perform any.of the terms, covenants or conditions of this Mort- <br />gage requiring the payment of any amount of money by'the Mortgagor, other than the principal amount of the loan evidenced' by <br />the Note, interest and other charges, as provided in the Note, the Mortgagee may at its, option make, such payment. Every. <br />payment so made by the Mortgagee (including reasonable, attorney's feesincurredthereby), with. interest thereon from the date <br />of such payment, at the rate of six percent (6%) per anum, except any payment for which a .different rate of interest -is <br />specified herein, shall be'payable by the; Mortgagor to the Mortgagee on 'demand and shall be secured .by this Mortgage. This <br />Mortgage .with respect to any such amount and the interest the shall constitute a lien on the, mortgaged- property prior to <br />any. other lien attaching or accruing subsequent to the lien of this Mortgage. <br />10. The Mortgagee, by any of its agents or representatives, shall have the right to inspect the mortgaged property from time <br />to time at any reasonable hour of the day. Should . the mortgaged property, " or . any part thereof, at any -time require- inspection, <br />repair, care or attention of any kind or nature not provided by this Mortgage.as determined by the Mortgag6e in its sole dis- - <br />cretion, the Mortgagee may, after notice to the Mortgagor, enter or cause entry to be made ; upon, the mortgaged . property, and <br />inspect, repair, protect, carp for or maintain such property, as the Mortgagee may in its sole discretion deem necessary, and may <br />pay all amounts of money therefor, as the Mortgagee may in its sole discretion deem, necessary. <br />il. The principal amount owing on the Note together with interest thereon and all other charges, as therein provided, <br />and all other amounts of money owing by the Mortgagor to the Mortgagee pursuant to and secured or intended to be secured <br />by this Mortgage, shall immediately become due and payable without notice or demand upon the appointment of a receiver or <br />liquidator, whether voluntary or involuntary, for the Mortgagor or any of the property of the Mortgagor, or upon the filing of <br />a petition by or against the Mortgagor under the provisions of any State insolvency law, or under the provisions of the• Bank- <br />ruptcy Act of 1898, as amended, or upon the making by the Mortgagor of an assignment for the benefit of the bfortgagor's creditors: <br />The Mortgagee is authorized to declare; at its option,'all or any part of such indebtedness immediately due and payable upon the <br />happening of any of the following events: <br />(a) Failure 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 covenant, agreement, term or condition of this Mortgage, or of the Note <br />(except as otherwise provided in subdivision (a) hereof) or of any other agreement heretofore, herewith or hereafter made <br />by the Mortgagor with the Mortgagee in connection with such indebtedness; <br />;(e)Failure of the Mortgagor to perform any covenant, agreement, term or condition in any instrument creating a lien upon <br />the mortgaged property, or any part thereof, which shall have priority over the lien of this Mortgage; <br />(d) The Mortgagee's discovery of the Mortgagor's failure in any application of the Mortgagor to the Mortgagee to disclose <br />any fact deemed by the Mortgagee to be material, or of , the making therein or in any of the agreements entered into <br />by the Mortgagor with the Mortgagee (including, but not limited to, the Note and this Mortgage) of any misrepresen- <br />tation by, on behalf of, or for the benefit of, the Mortgagor; <br />(e) The sale, lease or other transfer of any kind or nature 'of the mortgaged property, or any part thereof, without the, prior <br />written consent of the Mortgagee; " <br />(f) The enactment after the dater of this Mortgage of any law of the State of Nebraska deducting from the value of <br />the mortgaged property (or any part thereof), for the purpose of taxation, any lien thereon, or changing in any way <br />its laws for the taxation of mortgages or debts secured by mortgage for state or local purposes, or the manner of collec- <br />tion of any such tax,' so as to affect this Mortgage, and if after such enactment or change the holder of the Note and this <br />Mortgage gives written notice to the Mortgagor declaring the Note and all other indebtedness secured by this Mortgage <br />to be due and payable, because of any such enactment or change, immediately upon the expiration of thirty (30) days <br />after such notice. <br />The Mortgagee's failure to exercise any of its rights hereunder shall not constitute a waiver thereof. All the events in this Para- <br />graph enumerated upon the happening of any of which the Note shall become, or may be declared to be, immediately due and <br />payable, are in this Mortgage called "events of default". <br />12. The Mortgagee may from time to time cure each default under any covenant or agreement in any instrument creating a <br />lien upon the mortgaged property, or ;any part thereof, which shall have priority over the lien of this Mortgage, to such extent <br />as the Mortgagee may exclusively *determine, and each amount paid (if any) by the Mortgagee to 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 instrument. <br />13. (a) After the happening of any default hereunder, the Mortgagor. shall upon demand of the Mortgagee surrender posses- <br />sion of the mortgaged, property to the Mortgagee, and ,the Mortgagee may enter such property, and let the same and collect all the <br />rents therefrom which are due or to become due, and apply the same, after payment of all charges and expenses, on account of <br />the indebtedness hereby secured, and all such rents and all leases existing at the time of such default are hereby assigned to the <br />Mortgagee as further security for the payment of the indebtedness secured hereby; and the Mortgagee may also dispossess, by the <br />usual summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee. <br />(b) In the event that the Mortgagor occupies the mortgaged property or any part thereof, the Mortgagor agrees to surrender <br />possession of such property to the Mortgagee immediately 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 Mortgagee, and the Mortgagor shall pay in advance, upon <br />demand by the Mortgagee, as a reasonable monthly rental for the premises occupied by the Mortgagor, an amount at least equivalent <br />to one -twelfth of the aggregate of the twelve monthly installments payable in the current calendar year, plus the actual amount of <br />the annual ground rent, if any, taxes, assessments, water rates, other governmental charges and insurance premiums payable in <br />connection with the mortgaged property during such year, and upon the failure of the Mortgagor to pay such monthly rental, <br />the Mortgagor may also be dispossessed by the usual summary proceedings applicable to tenants. This covenant shall become <br />effective immediately upon the happening of any such default, as determined in the sole discretion of the Mortgagee, who shall <br />give notice of such determination to the Mortgagor; and in the case of foreclosure and the appointment of a receiver of the rents, <br />the within covenant shall inure to the benefit of such receiver. <br />14. The Mortgagee in any action to foreclose this Mortgage shall be entitled to the appointment of a receiver without notice, <br />as a matter, of right and without regard to the value of the mortgaged property, or the solvency or, insolvency of the Mortgagor <br />or other party liable for the payment of the.Note and other indebtedness secured by this Mortgage. <br />15: The.Mortgagor, within ten (10) days upon request in person or within twenty (20) days upon request by mail, will <br />furnish promptly a written statement in form satisfactory to the Mortgagee, signed by the Mortgagor and duly acknowledged, of , <br />the amount then owing, on the Note and other. indebtedness secured by this Mortgage, and whether any offsets or defenses <br />exist against such, indebtedness or any part thereof. <br />16. The Mortgagor will give immediate notice' by registered or certified mail to the Mortgagee of any fire, damage or other <br />casualty affecting the mortgaged property, or of any conveyance, transfer or change in ownership of such property, or any part <br />thereof. <br />17. Notice and demand or request 'may be made in writing and may be served in person or by mail. <br />18. In case .of a foreclosure sale of the mortgaged property _ it may be sold in one parcel. <br />19. The Mortgagor will not assign the rents, if any, in whole or in part, • from the mortgaged property, or any' part thereof, <br />without the prior written consent of the Mortgagee. <br />a <br />