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<br />200605642
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<br />be discontinued at any timc for any reason other than strikes or lock-outs, the Mortgagee, after due notice to the gor
<br />or any subsequent owner, is hereby invested with full and complete authority to enter upon the said ses, employ
<br />watchmcn to protect such improvements from depredation or injury and to preserve and pro c personal property
<br />thcrein, and to continue any and all outstanding contracts for the erection and compler said building or buildings, to
<br />make and enter into any contracts and obligations wherever necessary, eith . s own name or in the name of the
<br />Mortgagor, and to pay and discharge all debts, obligations, and Iiabilitie' red thereby, All such sums so advanced by the
<br />Mortgagee (exclusive of advances of the principal of the indebt secured here~) shall be added to the principal of the
<br />indebtedness secured hereby and shall be secured by t' rtgage and shall be due and payable on demand with interest at
<br />thc rate specificd in the Note, hut no such adva tall be insured unless same are specifically approved by the Secretary of
<br />"ousing and Urban Development, actin nd through the Federal Housing Commissioner prior to the making thereof. The
<br />principal sum and other charge tded for herein shall, at the option of the mortgagee or holder of this Mortgage and the
<br />Note secured hereby, e due and payable on the failure of the Mortg.1gor to keep and perform any of the covenants,
<br />conditions, an ements of said building loan agreement. This covenant shall be terminated upon the completion of the
<br />improv s to the satisfaction of LIte Mortgagee and the making of the final advance as provided in said building loan
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<br />i 9. That the Mortgagor covenants and agrees that so long as this Mortgage and the said Note secured hereby are
<br />insured under the provisions of the National I-lousing Aft, or held by the Secretary of Housing and Urban Development, it
<br />will not cxecute or file for record any instrument whic" imposes a restriction upon the sate or occupancy of the mortgaged
<br />property on the basis of race, color, creed or national origin; sex, age. fami 1 y status or di sabi 1 i ty;
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<br />20. That as additional and collateral security for the payment o( the Note described and all SUIllS to become due
<br />under this Mortgage, the Mortgagor hereby assigns to the Mortgagee all profits, revenues, royalties. rights. and benefits
<br />accruing to the Mortgagor under any and all oil and gas leases on ."laid premillC!o, with the right to receive and reccipt for the
<br />same and apply them to said indebtedness as well bofore as after default in the conditions of this Mortgage, and the
<br />Mortgagee may demand, sue (or, and recover any such payments when due and payable, but shall not be required so to do.
<br />This assignment is to terminate and become null and void upon release of this Mortgage;
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<br />21. That if the Mortgagor fails to make any paY,J1cnts of money when the same become due, or fails to conform to
<br />and comply with any of the conditions or agreements contained in this Mortgage, or the Note which it secures, then the
<br />entirc rrincipal sum and accrued interest shall at once become due and payable, at the election of the Mortgagee; and this
<br />Mortgage may thereupon be foreclosed imlllcdiately for the whole of said money, interest, monthly payments, costs, ground
<br />rents, ta llCS, and the cost of elltending the abstract of title from the date of this loan to the time of commencing such
<br />foreclosure suit, all advances and interest, and a reasonable attorney's fee, all of which shall be included in the decree of
<br />forcclosure; and the contract emhodied in this Mortgage and the Note llCcured hereby, shall in all respects be governed,
<br />construed, and adjudged by the laws o( Nebraska, where the same is made.
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<br />The covenants hcrein contained shall bind, and the benefits and advantages shall inure to, the respcctive successors and
<br />assigns of Ihe parties hereto. Whenever used, the singular number shall include the plural and the plural the singular.
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<br />The foregoing conditions, all and singular, being performed according to their natural and legal import, this conveyance
<br />shall he void and said pl1lmiscs released at the expense of the Mortgagor; otherwise to be and remain in full force and effecl.
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<br />IN WITNESS WHEREOF, the said Mortgagor has caused these presents to be signed in its name by its General Partner the
<br />day and year first above written.
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<br />
<br />HOLIDA Y GARDEN TOWNHOUSES,
<br />A LIMITED PARTNERSHIP,
<br />
<br />::'b~~rev:~, ~
<br />
<br />William W. Marshall, III
<br />General Partner
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<br />STATE OF NEBR~SK )
<br />
<br />COUNT~OF )
<br />_ J.:~~ '
<br />~.?'I I, a Notary Public of the County and State aforesaid, certify that William W. Marshall, III personally came before me this
<br />.. . day of June, 2006, and acknowledged that he is the General Partner of Holiday Garden Townhouses, A Limited Partnership, a
<br />ebraska limited partnership, and on behalf of said limited partnership did acknowledge the foregoing instrument to be the voluntary
<br />act and deed of said Holiday Garden Townhouse imited Partnership. Witness my hand and notarial seal the day and year first
<br />above written. ...... a;.'. '. GENERALNO"IARv.- State of Nebraska ~r L
<br />I!II~ WILLIAM A. FRANCIS '~A_ ... /! r
<br />[SEAL] "~!~I~ My Comm. Exp. Dee, 31, 2007 'UMY1 '" ~
<br />- No Public
<br />My Commission Expires: I; ~c3!"- ~/5()7
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