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ai } �r t T. condemnation. In the event the Property, or any part thereof, shall be taken by eminent domsin.the Mortgagee is empowered to collect and receive all compensation which may be paid for any property taken or for damages to property not taken, and Mortgagee shall apply such compensation. at its option, either to a reduction of the indebtedness secured hereby or to repair and restore the property so damaged. A. Performance by Mortgagee. Mortgagee may, but shall have no obligation. to do any act which the Mortgagor has agreed but fails to do, and Mortgagee may "do any act It deems necessary to protect the lien hereof. Mortgagor agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof_ Mortgagee shall not incur any personal liability because of anything It may do or omit to do hereunder. 9, Default; Assignment of Rents. Time is of the essence hereof, and upon Mortgagor's default in any covenant or agreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee shall be entitled, at its sole option and without notice, to declare all sumo secured by this Mortgage -to be Immediately due and payable and may commence foreclosure of this Mortgage by judicial proceedinp; and, provided further, that upon such default the Mortgagee. or a receiver appointed by a court. may at its option and without repW to the adequacy of the security. enter upon and take possession of the Property and collect the rents, issues and profits thereflrom and apply them Ant to the cost of collection and operation of the Property and than, upon the Indebtedness secured by this Mortgagee; " said cents, issues and profits being assigned to the Mortgagee as further security for the payment of the Indebtedness secured hereby. lo. Transfer of Property. if all or any part of the Property is sold or tramferred without the express written con- sent of the Mortgagee, Mortgagee may at its sole option, declare all sutras. secured by this Mortgage to be immediately due and payable. 11. Future Advances. Upon request of Mortgagor. Mortgagee, MAs make additional and future advances to Mortgagor. Such advances, with. interest thereon, shall be secured by 016- t14!.AgaRe when evidenced by promissory notes allting that said notes are secured hereby. At no time shall the prirt-aiod amount of the indebtedness secured by this Mortgage. not including sums advanced to protect the security of this Mortgage, exceed the original Note. 12, Miscellaneous Provisions. (a) Any forebearance in exercising any right or remedy shall not be a waiver thereof. (b) All remedies provided herein are distinct and cumulative to any other right afforded by law or equigas•. and may be exercised concurrently, independently or successively. (c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective successors and assigm of the Mortgagor and the Mortgagee. (d) - All cotenants and agreements of the Mor4xgorare joint and aererai. - (e) The headinga of the paragraphs of this Mortgage are for convenience only and shall not be used to inter- pret or define the provisions hereof_ 13. Release. Upon payment of sia sums secured by this b6rtpr. Mortgagee shall discharge this Mortglage acid shall execute and deliver a satisfactory re*AW therefor. IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the • 6 day of June. - ,19 89 . -92_ux" 0 all (G' 1b rt G. Man i ) Huskaand so -- (Lin a C. Manning) Wife Horrowes State of Nebraska. Hall County ss: 1 r• c1 r. 1 b }• nll r on this 6th day of June lg fig, before me, the undersigned, wNbtary Public duly eommissioned. and qualified for said county. personally CAM Gilbert: G. Manning and Linda C. Managing , Husband and Wife , to me known to be the identical person(:) whose wne(s) are subscribed to.the foregoing Instrument and acknowledged the execution thereof to be thei r voluntary act and deed. Witne".my hand and notarial seal at ____r___. N b as' af iasWrl county, the date aforesaid. My C,otnmiuion expires: " Notary Puwic -- - (Space iWaw Ibis Line Reserved Vat Lender and Recorder) ! V) � Qi �. Ir. C77 U" �.w t.! g, Co cW , 7 (L:�.: , f Go w F' , C •lit[ Itw.B t 61. 363 2 -11U n `• -:j (.! � � ,,� c.a 1 r• c1 r. 1 b }• nll r