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<br />(. ,\1/ ',;' <br />t' . '.J .l. <br /> <br />r <br /> <br />7. Condemnation. In the event the Property, or any part thereof, shall be takt'n by eminent domain, the Mortgagee <br />is empowered to collect and receive all compensation which may be paid for any property taken or for damages to property <br />not taken, and Mortgagee shall apply such compensation, at its option, either to a reduction of the indebtedness secured <br />hereby or to repalr and restore the property so damaged. <br /> <br />8. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgaj!or <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 expended <br />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee <br />shall not incur any personal liability because of anything it may do or omit to do hereunder. <br /> <br />9. Default; Assignment of Rents. Time is of the essence hereof, and upon Mortgagor's default in any covenant <br />or agreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee shall <br />be entitled, at its sole option and without notice, to declare all sums secured by this Mortgage to be immediately due and <br />payable and may commence foreclosure of this Mortgage by judicial proceedings; and, provided further,that upon such <br />default the Mortg.agee, or a receiver appointed by a court, may at its option and without regard to the adequacy of the <br />security, enter upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them <br />first to the cost of collection and operation of the Property and then upon the indebtedness secured by this Mortgagee; <br />said rents, issues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness <br />secured hereby. <br /> <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 due <br />and payable. <br /> <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 not~s <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 /> <br />12. Miscellaneous Provisions. <br /> <br />(a) Any forebearance in exercising any right or remedy shall not be a waiver thereof. <br /> <br />(b) All remedies prO\'ided herein are distinct and cumulative to any other right afforded by law or equity, <br />and may be exercised concurrently, independently or successively. <br /> <br />(c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective <br />successors and assigns of the Mortgagor and the Mortgagee. <br /> <br />(d) All covenants and agreements of the Mortgagor are joint and several. <br /> <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 /> <br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shall execute and deliver a satisfacto.,. release therefor. <br /> <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 11 tNay of December , 19-1lL. <br /> <br />~1~AA-/ <br /> <br />Mark J. ~esman BOirower, <br />.. Il.. <- <br />'~~fi me;6\.. ..... ..A-Q... Jv,,~ ~ ~ <br />Rita H. Griesman Borrow.. <br /> <br />State of Nebraska, <br /> <br />Hall <br /> <br />County ss: <br /> <br />On this <br /> <br />11th <br /> <br />December <br /> <br />. 19~. before me, the undersigned, a Notary Public <br />}mrk J. Griesman and Rita M. Griesman, <br /> <br />day of <br /> <br />duly commissioned and qualified for said county, pt'rsonally came <br /> <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 />their <br /> <br />to be <br /> <br />voluntary act and deed. <br />Grand I~land, Nebraska <br /> <br />in said county, the <br /> <br />Witness my hand and notarial seal at <br />date aforesaid. <br /> <br />BMlIIT............. <br />JEREfM J......n. <br />.., CoM. ...1 <br /> <br />K~.t.(.L.\ u-J <br />{, ~. <br /> <br />(} <br /> <br />~ 7 "' <br />~ ~}t"..~_<?-<..~_~. J <br />- . ~",. 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