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' Q3� �3 <br /> �i�- I <br /> Morfgagor(s)and each of lhem turther covenant and ay►ee with Mortgagee as follows: <br /> (1) To pey ell liens,judgments or other assesaments against said premises,end to pey when due all taxes,rents,tees or chargea upon aeid premisea or under eny <br /> lease,permit,license or privilege assigned to Mortgagee as edditional security to this mortgage,including those o�public domai�. <br /> (2) To insure and keep insured buildings and other improvements now on or hereafter placed on said premises to the satisfection of Mortgegee.Such inaurance <br /> shell be approved by and deposited with Mortgagee,and endorsed with a mortgege clause with loss thereunder payable to kAortgagbe.Ar�r sums ao received by <br /> Mortgagee may be used to pey for reconstruction of the destroyed improvements or if not so applied mey,at the option of the Mortgegee,bdapplied in peyment of <br /> any indebtedness matured or unmatured secured by this mortgage. <br /> (3) To keep all buildings,flxtures anC other improvements now on or hereetter placed on said premises occupied and in good repair,maintenance end condition <br /> and to neither commit nor pertnit any ects of waste or eny impeirment of the velue of the security. <br /> (4) In the eve�t Mortgagors fail to pay any liens,judgments,assessments,tazes,rents,fees or charges or maintain any insurance on the property,buildings, <br /> fixtures or improvements as provided herein or in the loan agreement,Mortgagee mey,at its optio�,make such payments or provide inaurance,maintenance ot <br /> repairs end any emounts paid therefor sheli become part of the principel indebtedness secured hereby,be immediately due end payable and bear intereat from the <br /> date of payment es provided in the loan agreement.Provided,however,that the advancement by Mortgagee of any such amounts shall in no manner limit the right of <br /> Mortgagee to declare Mortgagors in default or exercise eny of Mortgagees other rights and remedies. <br /> (5) In the event Mortgagee is a party to any litigation aftecting the security or the lien of this mortgage,including eny suit by MoRgagee to foreclose this mortgege <br /> or any suit in which Mortgagee is named e defendant(including condemnation and bankruptcy prxeedings)Mortgagee may incurexpeneesand advance peymente <br /> for abstract fees,attorneys fees(except to the exient prohibited by lew),costs,expenses,eppraisal fees and other charges and eny amounts so advanCed ahall <br /> become part of the principal indebtedness secured hereby,be immediately due and payable and bear interest as provided in the loan agreement. <br /> (6) Any ewards made to Mortgagors or their successors by the exercise of eminent domain are hereby essigned to Mortgegee;and Mortgegee is hereby <br /> authorized to collect and apply the same in payment of any indebtedness,matured or unmatured,secured by this mortgage. <br /> (7) In the event Mortgagorsdefau�t in the payment when due of any sums secured hereby(principel,interest,advancements,or protective diaburaements),orfeil <br /> to perform or observe any covenants end conditions contained herein,in the note(s)or in the loan agreement(s),or any proceeding is brouyht by or againat <br /> Mortgagors under any Bankruptcy laws,Mortgagee may,at its option,declare the entire indebtedness secured hereby to be immediately dueand payable end beer <br /> interest at the default rate as provided in the note�s)or loan agreement(s)and Mortgagee mey immediately foreclose this mortgage or puBUe eny other evailable <br /> legal remedy including foreclosure by advertisement with a power of sale in Mortgagee to the extent provided by state lew.Provided,however,that delay by <br /> Mortgagee in exercising its rights upon tlefault shali not be construed as a waiver thereof and that any act of Mortgagee waiving eny specific defeult shall not be <br /> construed as a waiver oi any future detault.It the proceeds under such sale and foreclosura are insufficient to pay the total indebtedness hereby securad,MoftgegoB <br /> do hereby agree to be personally bound to pay the unpaid balance,and Mortgagee shall be entitled to a deficiency judgment. <br /> (8) Upon tlefault,Mortgagee shall at once become entitled to exclusYve possession,use and enjoyment of all property end to all rents,issues,crops end profits <br /> thereot.from the time of such detault and dunng the pendency of foreclosure proceeclings and the period of redemption,the delivery of which may be enforced by <br /> Mortgagee by any appropnate suit,action or proceeding.Mortgagee shali be entitled to a Receiver tor said property end all rents,issues,crops and profitsthereof, <br /> without regard to the value of said property,or the suHiciency thereof to discharge the mortgage debt and the foreclosure costs,fees end expenaes.Such Receiver <br /> may be appointed by any court ot competent jurisdiction upo�ex parte applicarion,notice being hereby expressly waived.T'he Receiver shall apply all rents,i8sues, <br /> crops,profits,income and revenue of the propertyto keep the same in qood repairand condition,pay all taxes,rents,fees,cherges and assessments,pay insurance <br /> premiums necessary to keep the premises insured,pay the expense ot the receivership and attorney fees incurred by the Receiver,and apply the net proceeds to the <br /> payment of the indebtedness secured hereby.Such Receiver shell have all the other usual powers ot receivers authorized by lew end es the court mey direCt. <br /> (9) The integrity and responsibility of the Mortgagors constitutes a part of the consideration for the obligations secured hereby.Should Mortgegors sell.transfer <br /> or convey the property described herein,witfiout prior written consent of Mortgagee,Mortgagee may,et its option,declare the entire i�debtedness immediately due <br /> antl payable a�d may procaetl in ihe enforcament of its rights as on any other default. <br /> (1D) Assignment of Rents including Proceeds of Mineral�ease.Mortagors hereby transfer,set over and convey to Mortgagee ali rents,royalties,bonuses and <br /> delay moneys that may from time to time become due and payable under any real estate lease or under any oil,gas or other mineral leaae ot any kind now ezisting or <br /> that may hereafter come into existence,covering the above land or any part thereof.All such sums so received by Mortgagee shell be applied to the indebtedneaa <br /> secured hereby;or said Mortgagee may,et its option,turn over and deliver to the Mortgagors ortheir successors in interest,any or ell of auch sums without prejudice <br /> to any of Mortgagee's rights to take and retain future sums,and without prejudice to any of its other rights under t�is mortgege.The trenater end conveyanCe <br /> hereunder to Mortgagee of said rents,royalties,bonuses and delay moneys shall be construed to be a provision for the payment or reduction of the mortgage debt, <br /> subject to the Mortgagee's option as hereinbefore provided,indepe�dent of the mortgage lien on said real estate.Upon payment in full of the mortgape dabt and the <br /> release of this mortgage of record,this conveyance shall become inoperetive and of no further force and ettect. <br /> (11) The covenants contained in this mortgage shall be deemed to be severable;in the event that any portion of this mortgaqe is detertnined to be void or <br /> unenforceable,that determination shell not affect the velidity of the remaining portions of the mortgege. <br /> � <br /> /f� <br /> STATEOF NEBRASKA � <br /> ) ss. <br /> COUNTY OF H A L ) <br /> On this�,L day of A P R T L ,A.D., 19�_,before me,a Notary PubliC, <br /> personally appeared <br /> to me known to be the person(s)named in and who executed the foregoing instrument,and acknowledged that �{F executed <br /> tne same as H E R voluntary act and deed. � <br /> (SEAL) <br /> r (7ype or print nam ndsr signaturo) <br /> My Commission expires r � h 'Z`�� Z " G Z • Notary Public in and for said County nnd State <br /> GEPIERAI.NOTARY St�te d Nebttsic� <br /> III THOMAS J.CORKLE <br /> Yy Comm.Exp. Fea 20,2002 <br />