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,t;. <br /> 99 106257 <br /> ./�:. �Y R i 1 �; 9 <br /> Morfya�or(s)and each of th�m tu►tMr covenan�antl��tiYt Mo��ee ss follows: <br /> (1) To pay all lians,judgmenta or other assessments ageinat ssid pramisea,end to pay when due all taxes,rents,fees or charges upon asid promisss or under sny <br /> leaae,permit,licenae or privilege asaigned to Mortgspes ss additional security to this mortgage,including those on public domain. <br /> (2) To insure a�d keep insured buildinga end other improvements now on or hereafter placed on said premisea to the satisfection of Mortgeyea.Such insursnce <br /> shell be approved by a�d depoaited with Mortgagee,and endoroed with a mortgage cleuse with loss thereunder payable to Mortgagee.Any sums so reCSived by <br /> Mortgagee may be used to pay for reconstruction of the deatroyed improvementa or if not so applied mey,at the option of the Mortpagee,be applied in payment of <br /> any indebtedneas matured or unmatured secured by this mortgage. <br /> (3) To keep all buildings,fixtures end other improvements now on or hereafter pleCed on seid premises occupied end in good repeir,maintenance snd Condition <br /> and to neither commit nor permit any acts of weate or e�y impairment of the velue of the security. <br /> (4) In the event Mortgagoro fail to pay eny liens,judgments,aaseasments,taxes,renta,fees or charges or meintain any insurence on the property,buildings, <br /> fixtures or improvements as provided herein or in the loa�egroement,Mortgayee may,at its option,make auch payments or provida insurance,m�intenance or <br /> repairs and any amounts peid therefor shali become part of the principal indebtedness secured hereby,be immediately due a�d payable and bear intereat from the <br /> date of payment as provided in the loan agreement.Provided,however,that the advancement by Mortgagee of any suCh amounts 8ha11 in no manner limit the riyht oi <br /> Mortgagee to declare Mortgagora in default or exercise any ot Mortgegees other rights end remedies. <br /> (5) In the event Mortgagee is e party to any Iftigation ettecting the security orthe lien of this mortgage,i�cluding eny suit by Mortgageeto foreclose this mortyape <br /> or any suit in which Mortgegee is named a defendant(including condemnatfon and bankruptcy proceedings)Mortgagee�ray incur expensea and edvance psymenb <br /> for ebstract fees,attorneys fees(ezcept to the exient prohibited by lew),costs,expenses,appraisal feea and other ch,arges end any amounts eo edvsnced shall <br /> become part of the principai indebtednesa aeCUred hereby,be immediately due and payable and bear interest as provided in the loan egresment. <br /> (6) Any awards made to Mortgagors or their suCCeasors by the exerCise of eminent domain are heraby assigned to Mortgagee;end Mortysyee Is hereby <br /> authorized to collect antl apply the same in payment of any indebtedneas,matured or unmatured,secured by this mortgage. <br /> (7) In the event Mortgagorsdefault in the payment when due of any sums secured hereby(principal,intereat,advencements,or protective disbursements),orfeil <br /> to pertorm or observe any covenenta and conditions contained herein,in the note(s)or in the loan agreement(s),or eny proceeding is brouyht by or aysinst <br /> Mortgagors under eny Bankruptcy laws.Mortgagee mey,at its option,declare the entire indebtedness secured hereby to be immediately due and payeble end bear <br /> interest at the default rete as provided in the note(s)or loan agreement�s)and Mortgagee may immediately foreclose this mortgape or pursue any other sveilable <br /> legal remedy including foreclosure by advertiseme�t with a power of sale in Mortgagee to the extent provided by atete law.Providad,however,thet delsy by <br /> Mortgagee in exercising its rights upon default shell not be construed as e waiver thereoi and that any act of Mprtgagee waiving eny specffic defeult shall not be <br /> construed as a weiverof any future default.if the proceeds undersuch sale and foreclosure are insufticient to pay the total indebtedness herebysecured.Mortyago�a <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 default,Mortgagee shall at once become entitled to exClusive posaession,use and enjoyment of all property antl to all renta,issues.Crops and profits <br /> thereoi,trom the time of such default and during the pendenCy of foreclosure proceedings and the period of redemption,the delivery of whiCh may be enforced by <br /> Mortgagee by any appropriate suit,action or proceeding.Mortgagee ahall be entitled to a Receiver for said property and all rents,issues,crops and profits thereof, <br /> without regard to the value of said property,orthe suificiency thereof to discharge the mortgage debt and the foreclosure coats,fees and expenses.SuCh Receiver <br /> may be appointed by any court of competent jurisdiction upon ex parte epplication,notice being hereby expressly waived.T'he Receiver ahall epply ell rents,iseues, <br /> crops,profits,income and revenue ot the property to keep the aeme in good repair end condition,pay all taxes,rents,fees,charges and assesaments,pay insurance <br /> premiums necessery to keep the premises insured,pay t�e expense of the receivership end ettorney fees incurred by the Receiver,a�d apply the net proceeds to the <br /> payment of the indebtedneas secured hereby.Such Receiver shall have all the other usuai powers of receivers authorized by law and as the court may direct. <br /> (9) The inte.grity and responsibility ot the Mortgagoro constitutea a part of the consideretion for the obligations seCUred hereby.Should Mortgagon�sll,transfer <br /> orconvey the property tlescribed herein,without prior written consent of Mortgagee,Mortgagee may,at its option,declare theentire indebtednesa immediatslydue <br /> and payable and may proceed in the e�forcement of its righta as on any other defeult. <br /> (10) Assignment of Rents including Proceeds of Mineral Lesae.Mortagors hereby trensfer,set over and convey to Mortgagee sll rents,royalties,bonuses end <br /> delay moneys that mayfrom time to time become due end payable undereny real estate lease or underany oil,gas orother minaral leese of any kind nowexiatlny or <br /> thet may hereafter come into existence,covering the above land or any part thereoi.All such sums so received by Mortqagse shall be applied to the indebtedness <br /> secured hereby;or said Mortgagee may,et its option,tum over and deliver to the Mortgagoro or their successors in intereat,eny orall of such sums without projudiCs <br /> to any of Mortgagee's rights to take end retein future sums,and without prejudice to any of its other rights under thia mortya9e.The transfer end convsy�nCs <br /> hereunder to Mortgagee of said rents,royalties,bonusea and delay moneys shall be construed to be a proviaion for the payment or roduction of ths mortqeye dsbt, <br /> subject to the Mortgagee's option es hereinbefore provided,independent of the mortgage tien on said real estate.Upon payment fn full of ths moRpsys dsbt snd the <br /> release of this mortgage of record,this conveyence shall become inoperative and of no further force and ettect. <br /> (11) The covenants contained in this mortgaye ahall be deemed to be severable;in the event that any portion of this mortyepe is determined to be void or <br /> unenforc�ble,that determination ahall not effect the validity of the remaining poRions of the mortgage. <br /> i <br /> `�ji� <br /> i dy Lou Hel z <br /> STATEOF Nebraska � <br /> Hall � �� <br /> COUNTY OF ) <br /> On this 18 t'tlay of �u n e ,A.D.,is 9 9 ,betore me,a Notary Public, <br /> personallyappeared Ci ndy Lou �Hel zer , a si ngl e person <br /> to me known to be the person(s)named in and who executed the foregoing instrument,and acknowledged that S � executsd <br /> tne same as h e r voluntary act and deed. ��\__- > <br /> �.. <br /> (SEAL) i �_�'"""c � <br /> �r Z (Type or p►int name nder siyn�turo) <br /> My commission expires r � � z�� �'Q a . Notary Public in and for said County end State <br /> ....�.. <br /> � GENEML NOTARY-St�b of ll�tasla <br /> TH�MAS J.CORKLE <br /> MY Canm. <br />