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§- r' r% <br />xw« r.� f. ^tk. + t, �t�.ee�10.N fix+ r x4 °(,a✓i� �+E x <br />7. Condemnation. In the event the <br />Property, or say pmt thereof, shall be takes by eminent domain,the Mortgagee : <br />is empowered to cdleet and receive all compensation which may be paid for any property taken or for damages to property <br />not taken, and Mortgagee shall spply such compensation, at its option, either to a reducttoh of the indebtedul secured <br />hereby or to repair and restore the property so damaged. <br />S. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortmor <br />has agreed but fails to do, and Mortgagee may also do any ant it deems necessary to protect the lien hereof. Mortgagor <br />agrees to repay, upon demand, any sums so expend - i by the Mortgagee for the above purpose:, and any sums so expended : <br />by the Mortgagee shall be added to the indebtedness secured hereby and become subect to the lien hereof. Mortgagee ' <br />shall not incur any personal liablHiy becarme of anything it may door omit to do hereunder. <br />9. Default; Assignment of Restta Time is of the essence hereof, and ui,an Mortgagor's default in any covenant <br />or agreement of this Mortgage, Including covenants to Fay when due the sums sea ured by this Mortgage, the Mortgagee shall <br />be entitled, at its sole option end without notice, to declare all sums secured by the Mortgage.-3 be immediately due and <br />payable and may commence foreclosure of this Mortgage by judicial proceedings; and, provided further, than upon such <br />default the Mortgagee, sr a receiver appointed by a court, may at its 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 Property and then upon the indebtedness secured by this Mortgagee; <br />said rents, Issues and profits being assigned to the Mortgagee as further security for the payment o: the indebtedneu <br />secured hereby. <br />~ 10. Transfer of Property. If all or any part of the Property is sold ov transferred without the express written con- <br />sent of the Mortgagee, Mortgagee may at Its sole option, declare all sums secured by this Mortgage to be immediately due, <br />and payable. <br />11. Fugue 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 principal amount of the lndebtvdness secured by this <br />IV,rtgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. <br />12. Miscellaneous Provisions. <br />(a) Any forebeamnee in exercising any right or remedy shall not be a waiver thereof. <br />(b) All remedies provided herein are distinct and cumulative to any other right afforded by law or equity, <br />and mey be exercised concurrently, independently or successively. <br />(c) The covenants and agreements contained herein shalll bind, and the rights inure to, the respective <br />successors and assigns of the Mortgagor and the Mortgagee. <br />(d) All covenants and agreements 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 />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />l shall execute and deliver a satisfactory release therefor.., <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 25_ day of April , 19 Ju_, <br />State of Nebraska, Howard <br />On this 25 _day of April 19 $9 _, before me, the undersigned, a Not Public <br />duly commissioned and qual`Ged for said county, personally came Dale W. Roberts and Shirley J. <br />Roberts, husband and wife _ L , to me known to be the <br />identical person(s) whose name(s) are subscribed to the foregoing instnunent and acknowledged the execution thereof <br />to be their voluntary act and deed. <br />Witness my hai,d and notarial seal at St. Paul NebrasTc. In said county, the <br />date aforesaid, JOWY Sim d wry <br />My Commission exVir :s: SIAN gpWARDS <br />pry �o{ea. Er0• (+�• ll. 1992 <br />Notuy Pubno <br />^ <br />- <br />(Spac-e Below This Line Reserved For Lender and Recorder) <br />Co <br />M <br />T <br />VOW <br />to <br />(A ' <br />M <br />- q mz ell <br />,� <br />-. <br />ry <br />p <br />l�t <br />-n <br />NBe 1066 IND 303 2/ <br />^ <br />Co <br />uD <br />n <br />O <br />Co <br />> <br />to <br />V <br />- q mz ell <br />-. <br />ry <br />p <br />rn <br />-n <br />O <br />w <br />� <br />1 <br />T <br />_5 <br />2 <br />i <br />O <br />( <br />10 <br />