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0.10 1 151 8 <br />9. Upon any failure by the Mortgagor to comply with or perform any of thi terms, covenants or con�itions' 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 kortgagee (including. reasonable attorney's fees incurred thereby), with interest thereon from the date <br />of such payment, at the rate of six percent (6clo) per annum, 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 thereon, shall constitute a lien on the mortgaged propeity prior to <br />any othir lien attaching or accruing subsequent to the lien of this Mortgage. <br />10. The Mortgagee, by dny 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 reqiiire inspection, <br />repair, care' or -attention of any kind or nature not provided by this Mortgage as determined by the Mortgagee in its sole dis- <br />cretion, the Mortgagee may, after notice to tile Mortgagor, enter or cause. entry to be made upon, the mortgaged property, and <br />inspect, repair, protect, care for or maintain such property, as the Mortgagee may in its sole discretion deem necessary, and may <br />pay all amounts of money thercfor, as the Mortgagee may in its sole discretion deem necessary. <br />11. 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 6 1 f a receiver or <br />liquidator, whether voluntary or involuntary, for the Mortgagor or any of the* prbperty 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 tile provisions of the Bank- <br />ruptcy Act of 108, as amended, or upon the making by thd Mortgagor of an assignment for the benefit of the Mortgagor'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 a ' ny 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 />(c). 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 tile lien of this Mortgage; <br />(d) The Nfortgagce's discovery of the Mortgagor's failure in any applicatio'n'of the Mortgagor to the Mortgagee to disclose <br />any fact deemed by the Mortgagee to be material, or of tile 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 />tatiori by, on behalf of, or for the benefit.of, the Mortgagor; <br />(e) The sale, lease or other transfer of a ' ny 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 date of this Mortgage of any law of the State of Nebraska deducting from the value of <br />the mor.tgaged property (or any part thereof), for the puipose 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 aftbr 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 />Vic' 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 lidreundcr, the Mortgagor shall upon demand of the Mortgagee surrender posses- <br />sion of the mortgaged property to the Mortgagee, -:Ind the Mortgagee may enter such property, and let the sime 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 indebtedne ss hereby secured, and all such rents and all leases existing at the time of such default are hereby assigned to tile <br />Mortgagee as further security for the payment of the indebtedness secured hereby; and the Mortgagee may also di�possess, by the <br />usual summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee. <br />(b) In thc.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 I . icreunder, and if the Mortgagor remains in pos- <br />session after such default, such possession shall be' as a tenant of the Mortgagee,. and tile 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 i;urrent calendar year, plus the actual amount of <br />the annual ground rent, if any, taxes, assessments, water rates, other govcrnmenfal 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 tile case of foreclosure and the appointment of a receiver of the rents, <br />the within covenant shall inure to the benefit of stich receiver. <br />14. The Mortgagee in any action to foreclose this Mortgage shall be entitled to the appointment of a receiver without hotice, <br />as a matter of right and without regard to the value of the mortgaged property, or the solvency or insolvency of tile 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 Mo rtg agor 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 & prior written consent of the Mortgagee. <br />