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200113547
<br />by this Mortgage. Mortgagor shall pay to Mortgagee the amount of any deficiency between the actual taxes, assess-
<br />ments, insurance premiums and ground rents and the deposits hereunder within 10 days after demand is made upon
<br />Mortgagor requesting payment thereof.
<br />8. Repair, Maintenance and Use. To promptly repair, restore or rebuild any buildings or improvements now or
<br />hereafter on the Property; to keep the Property in good condition and repair, without waste, and free from mechanic's or
<br />other liens not expressly subordinated to the lien hereof; not to make, suffer or permit any nuisance to exist, nor to
<br />diminish or impair the value of the Property by any act or omission to act; and to comply with all requirements of law
<br />with respect to the Property.
<br />7. Condemnation. In the event the Property, or any part thereof, shall be taken by eminent domain, the
<br />Mortgagee is empowered to collect and receive all compensation which may be paid for any property taken or for dam-
<br />ages to property not taken, and Mortgagee shall apply such compensation, at its option, either to a reduction of the
<br />indebtedness secured 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 Mortgagor
<br />has agreed but fails to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor
<br />agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so
<br />eapeaded by,the M9rJgW9 shall be-added--to the indebtedness secured hereby and become subject to the lien hereof.
<br />Mortgagee shall not incur any personal liability because of anything it may do or omit to do hereunder.
<br />9. Default; Assignment of Rents. Time is of the essence hereof, and upon Mortgagor's default in any covenent
<br />or agreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee
<br />shall be entitled, at its sole option and without notice, to declare all sums secured by this Mortgage to the immediately
<br />due and payable and may commence foreclosure of this Mortgage by judicial proceedings; and, provided further, that
<br />upon such default the Mortgagee, or a receiver appointed by a court, may at its option and without regard to the adequar
<br />cy of the security, enter upon and take possession of the Property and collect the rents, issues and profits therefrom and
<br />apply them first to the cost of collection and operation of the Property and then upon the indebtedness secured by this
<br />Mortgage; said rents, issues and profits being assigned to the Mortgagee as further security for the payment of the
<br />indebtedness secured hereby.
<br />10. Transfer of Property. If all or any part of the Property is sold or 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
<br />due and payable.
<br />11. Future 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 indebtedness secured by this
<br />Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note.
<br />12. Miscellaneous Provisions.
<br />(a) Any forebearance 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 may be exercised concurrently, independently or successively.
<br />(c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective suc-
<br />cessors and assigns of the Mortgagor and the Mortgagee.
<br />(d) All covenants and agreementsyof 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 />shall execute and deliver a satisfactory release therefor.
<br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgqge on the 18th_ day ofDPrambPr, 2001. 19
<br />3; LA.�
<br />Borrower
<br />Borrower
<br />State of Nebraska, Hall County as:
<br />On this 18th dav of December, 2001 19 , before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personally came Brian J. Zabka and Vicky J. Zabka
<br />Husband and Wife , to me known to be the
<br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof
<br />to be Their voluntary act and deed.
<br />Witness my hand and notarial seal at
<br />date aforesaid
<br />Grand Island, Nebraska
<br />My Commission expires:/
<br />GENM NOTARY-Sat IN WebuWa
<br />BARBARA A Ht1XTAM
<br />in said county, the
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