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<br />I <br /> <br />7. Condemnation, In the event the Property, or any part thereof, shall bl' taken 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 repair 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 Mortgal!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 defauJt 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 Mortgagee, 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 indl'btedness sl'cured by this Mortgagee; <br />said rents, issues and profits being assigned to the Mortgagee as further security fo~ 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, declaw all sums secured by this Mortgage to be immediately due <br />and payable. <br /> <br />11, Future Advances. Upon request of Mortgagor, Mortgagee ma~' 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 /> <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 provided herein are distinct and cumulati\'e to any other right afforded by law or equity, <br />and may be exercised ::oncurrently, independently or successi\'ely. <br /> <br />(c) The covenants and agreements contained herein shall bind, and the rights inuw to, the wspective <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 shalt 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, ~lortgagee shall discharge this Mortgage and <br />shalt execute and deliver a satisfacto.)' release therefor. <br /> <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the nrdday of january <br /> <br />,19.81L. <br /> <br />BorTowt'r <br /> <br />,",\ <br />~ <br />~ <br />~ <br /> <br />" .. <br />~ <br />r\., <br />J\ <br /> <br /> <br />1'VV-'l_l'O-1 L .-/ <br /> <br />(Harold L. Johns n <br />/;/~ h: 'J , <br />(~~::;~~~{ J~~O~C> /)",.~-~-?( j <br /> <br />Bo.rower' <br /> <br />State of Nebraska, <br /> <br />Hall <br /> <br />County ss: <br /> <br />~ <br />0-:::::-- <br /> <br />~ <br />'..l <br />day of Januat.y . 19--.Ba.. before me. the undersigned, a Notary Public \, \' <br />""~ - <br />duly commissioned and qualified for said county. pt'rsonally came Harold L. Johnson and Kathryne M."~ " <br />'. <br />Johnson. husband and wife . to me known to be the i\ \,,' ,,'; <br />identical person(s) whose name(s) aw subscribed to the fowgoing instrument and acknowledged the execution thereof .~ j\\" ,"! <br /> <br />to be their voluntary act and deed, '....\..~ '~ J <br />f\~Xh\- <br />in said county. the '1 ',' / <br />,- r:: '-. : <br />'- ,.~, <br />~; )",L;~; <br />,,:\ '~'., .'\ <br />~~ 'r; ),) . <br />\ <br /> <br />Witness my hand and notarial seal at <br />date aforesaid. <br /> <br />Grand Island. Nebraska <br /> <br />On this <br /> <br />23rd <br /> <br />My Commission expires: <br /> <br />1,J;"<l =~...~;,,;! ,1(\ 711. <br />.,-.,..... <br /> <br />/4-1~~ <br /> <br />Y Public <br /> <br />(Space Relow This LIne Resen'ed ~'or Lender and Recorder' <br /> <br /> 1'0 ~ J~~i~ I <br /> ) I <br />L tt l"- I <br />~- I <br />- '~ <br />C u <br /> f ' .:T (/) c::> c <br /> 01 1-;:;<{-1 LL ,1 <br /> I,~ ._ ~'~ c:: _I :c: ,,<:l \ b <br /> o .8 ~ "'en < -=: ','.\\ C <br /> '\ ~) <br /> iCl ,= ELL! ::r.: j) LL <br /> f~ ....... (~~ (:> Z :-~ lL. CO V c <br /> I 1<: C' C-...J , C <br /> ,\ <br /> ~ c) :~ (, lJ <br /> ,-- .\\ <br /> CO !.Ll ~= L-:c. 0 <br /> 00 t;. ~ -:> ...........1 <br /> ~ \../~ <br /> C, NBC 1066 '~Qjj03 2/81b::> <br /> loU (/) <.:> 0::> <br /> .. <br />