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88-100938 r 4. In the event the Property, or any part thereof, shall be taken by eminent domain, the Mortgagee is empower.ed to collect and receive all compensation which may be paid for any property taken or for damages to property not taken, and Mortgagee shall apply such compensation, at its option, either to a reduction of the indebtedness secured hereby or to repair and restore the property so damaged. 5. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor has agreed hut fails to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums 00 expended by the Mortgagee shall be added to the indebtedness secuI'ed hereby and become subject to the lien hereof. Mortgagee shall not incur any personal liability because of anything it may do or omit to do hereunder. 6. Time is the essence hereof? and upon Mortgagor's default in any convenant or agreement of thiE. Mortgage, including covenants to pay when due the Sums secured by this Mortgage, the Mo!'tgagee shall be entitled, at its sole option and without notice, to declare all sums secured by this Mortgage to be immediately due and payable and may commence foreclosure of this Mortgage by judicial proceedings; and, provided further, that upon Buoh default the Mortgagee, or a receiver appointed by a court, may at its option and without regard to the adequacy of the security, enter upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them first to the cost of collection and operation of the Property and then upon the indebtedness secured by this Mortgage; said rents, issues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness secured hereby. 7, If all or any part of the property is sold or transferred without the express written consent of the Mortgagee, Mortgagee may at its sole option, declare all sums secured by this Mortgage to be immediately due llnd payable. 8. Any forbearance in exercising any right or remedy shall not be a waiver thereof. 9. AU remedies provided herein are distinct and cumulative to any other right afforded by law or equity, and may be exercised concurrently, independently or successively. 10. The convenants and agreements contained herein shall bind, and all rights inure to, the respective successors and assigns of the Mortgagor and the Mortgagee. 11. All convenants and agreements of the Mortgagor and the Mortgagee are joint and several. 12. Upon payment of all sums secured by this Mortgage, Mortgagee shaU discharge this Mortgage and shall execute and deliver a satisfactory release therefor. DI WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 2!f:.....-H... day of February, 1988. B~~.~~~ CL. J{.~",_.~ retary STATE OF NEBRASKA, COUNTY OF HALL: The foregoil'}g instrument was acknowledged beforE} me this EldJ~ 2t.lq~? by t-1'tvY\1d e"..f L. kr64'lrow.JJ(; President and kd.:t!.rom f> 4, _r4_keJlWslt'," Secretar y, of Krolikowski Brothers, INC., a Neb~aska Co ration ~ .beh&f of the corporation . () (l:' GEtlUIAL 1I0TAllY-Statnl N,brltta ~ _ .; JOHNJ,GTOKMAN 9.9' ~ NOTAR UBLle ~~-..;;: Myecmm.F"IlJan.22. / ~ ~ ,.......-~ J ( -~~