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<br />7. Condemnation, In the event the Property, or any part then'of, shall be t.aken 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 Mortgal!or
<br />hilS agreed but fails to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor
<br />agrees to repsy, upon demand, any sums 80 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 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 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 t,o be immediately due
<br />and payable.
<br />
<br />11. Future Advances. Upon request of Mortgagor, MortRagee may 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 t.hls
<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 cumulative to any other right afforded by law or equity,
<br />and mllY be exercised concurrently, independently or successively.
<br />
<br />(c) TIle 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 :md agreements of the Mortgagor are joint and several.
<br />
<br />(e) TIle 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 satisfactol'Y release therefor.
<br />
<br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 4 th day of 1o1a rch , 19~.
<br />
<br />Borrower
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<br />'J:-....." IIRsb
<br />.....'" CWUIOUTTE
<br />. lire... r. _ 23, 1991
<br />
<br />~/"%~~~.
<br />Don E. Hernke
<br />
<br />A:;,. ,'a) ,,,J '<'~>- pzb
<br />Donna S. Hernke
<br />
<br />Boaowu'
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<br />
<br />State of Nebraska, l!a 11 County ss:
<br />
<br />On this 4th day of Harch , 19~, before me, the undersigned, a Notary Public 1
<br />
<br />duly commissioned and qualified for said county, personally came Don IlLHernke and Donna S. Hernke ,~~
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<br />, to me known to be ther" . )
<br />Identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereoff\'Y \;J
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<br />to be the~r voluntary act and deed. y ~:,"" .Y
<br />
<br />Witness my hand and notarial seal at Grand Is land in said county, tht~~ ~
<br />date aforesaid. " :J.. '1 '
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