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<br />I <br /> <br />~- <br />t <br /> <br />t. <br />t. <br />~, <br />f'L <br />~. <br />t <br />l <br />l <br />, <br />~ <br />[ <br /> <br />87- 107158 <br /> <br />clauses in favor of and in form acceptable to the Mortgagee. In <br />event of loss Mortgagor will give immediate notice by mail to the <br />Mortgagee, who may make proof of loss if not made promptly <br />by Mortgagor, and each insurance company concerned is hereby <br />authorized and directed to make payment for such loss directly to <br />the Mortgagee instead of to the Mortgagor and the Mortgagee <br />jointly, and the insurance proceeds, or any part thereof, may be <br />applied by the Mortgagee at its option either to the reduction of <br />the indebtedness hereby secured or to the restoration or repair of <br />the property damaged. In event of foreclosure of this mortgage <br />or other transfer of title to the said premises in extinguishment of <br />the indebtedness secured hereby, al1 right, title and interest of the <br />Mortgagor in and to any insurance policies then in force shal1 <br />pass to the purchaser or grantee. <br /> <br />9. That as additional and col1ateral security for the payment <br />of the note described, and all sums to become due under this <br />mortgage, the Mortgagor hereby assigns to the Mortgagee all <br />profits, revenues, royalties, rights and benefits accruing to the <br />Mortgagor under any and al1 oil and gas leases on said premises, <br />with the right to receive and receipt for the same and apply them <br />to said indebtedness as wel1 before as after default in the condi- <br />tions of this mortgage, and the Mortgagee may demand, sue for <br />and recover any such payments when due and payable, but shall <br />not be required so to do. This assignment is to terminate and <br />become nul1 and void upon release of this mortgage. <br /> <br />10. That the Mortgagor will keep the buildings upon said <br />premises in good repair, and neither commit nor permit waste <br />upon said land, nor suffer the said premises to be used for any <br />unlawful purpose. <br /> <br />11. That if the premises, or any part thereof, be condemned <br />under the power of eminent domain, or acquired for a public <br />use, the damages awarded, the proceeds for the taking of. or the <br />consideration for such acquisition, to the extent of the full <br />amount of indebtedness upon this mortgage and the note which it <br />is given to secure remaining unpaid, are hereby assigned by the <br />Mortgagor to the Mortgagee, and shall be paid forthwith to said <br />Mortgagee to be applied by the latter on account of the next <br />maturing installments of such indebtedness. <br /> <br />In wItness whereof the Mortgagor(s) tvl! <br />In presence of: <br /> <br />hereunto set <br /> <br />12. The Mortgagor further agrees that should this mortgage <br />and the note secured hereby not be eligible for insurance under <br />the National Housing Act within 60 days <br />from the date hereof (written statement of an officer of the <br />Department of Housing and Urban Development or authorized <br />agent of the Secretary of Housing and Urban Development dated <br />subsequent to the W. days' time from the date <br />of this mortgage, dechning to insure said note and this Mortgage, <br />being deemed conclusive proof of such ineligibility), the Mort- <br />gagee or holder of the note may, at its option, declare al1 sums <br />secured hereby immediately due and payable. Notwithstanding <br />the foregoing, this option may not be exercised by the holder of <br />the note when the ineligibility for insurance under the National <br />Housing Act is due to the Mortgagee's failure to remit the Mort- <br />gage Insurance Premium to the Department of Housing and <br />Urban Development. <br /> <br />13. That if the Mortgagor fails to make any payments of <br />money when the same become due, or fails to conform to and <br />comply with any of the conditions or agreements contained in <br />this mortgage, or the note which it secures, then the entire prin- <br />cipal sum and accrued interest shall at once become due and <br />payable, at the election of the Mortgagee; and this mortgage may <br />thereupon be foreclosed immediately for the whole of said <br />money, interest, monthly payments, costs, ground rents, taxes <br />and the cost of extending the abstract of title from the date of <br />this loan to the time of commencing such foreclosure suit, and a <br />reasonable attorney's fee, all of which shal1 be included in the <br />decree of foreclosure; and the contract embodies in this mortgage <br />and the note secured hereby, shal1 in all respects be governed, <br />construed and adjudged by the laws of Nebraska, where the same <br />is made. <br /> <br />The covenants herein contained shall bind, and the benefits <br />and advantages shall inure to. the respective heirs, executors, <br />administrators. successors. and assigns of the parties hereto. <br />Whenever used, the singular number shall include the plural, the <br />plural the singular, and the use of any gender shall include all <br />genders. <br /> <br />The foregoing conditions, all and singular, being performed <br />according to their natural and legal import, this conveyance shall <br />be void and said premises released at the expense of the Mort- <br />gagor; otherwise to be and remain in full force and effect. <br /> <br />thei r <br /> <br />hand(s) the day and year first above written. <br /> <br />,- <br /> <br />V'J <br /> <br />I <br />V 1 J <br />'.l j,11 ..f-/L-C.... <br /> <br />*Arl/UY\ <br />DARREll D. 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