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<br />I <br /> <br />~ <br />~ <br />~S- <br /> <br />~4 <br /> <br />L <br /> <br />7. Condemnation. In the event the Property, or any part thereof, shall be laken by eminent domain, the Mortgagee <br />Is empowered to collect and receive all ClOmpensatlon which may be paid for any property taken or for damages to property <br />not laken, 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 personalllablllty 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 Ilnd <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 there {rom 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 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 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 (.'Onvenience 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 satisfactory release therefor. <br /> <br /> <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the --..l4... day of M" rrh <br /> <br />, 19BB-. <br /> <br />J <br />~ <br />'-\. <br />~ <br />~~ ~ <br />14th day of Mi'lrr.h , 19.B.B....., before me, the undersigned, a Notary Public ~ " <br />fi d ~ d all Edwin C. Sittler and Janice K. ~,~,' <br />duly commisl;ioned and quali Ie lor sai county, person y came ~ <br />Sittler, Husband & 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 /> <br />'i~~ <br />in said county, thc\3 \;2 <br /> <br />~S'\ <br />. " \ \,., <br />Notary Public ~ ~.~ <br />! J-X <br /> <br /> <br />Boirower. <br /> <br />U--..--' <br /> <br />Borrower <br /> <br />State of Nebl'lU'ka, <br /> <br />Hall <br /> <br />County ss: <br /> <br />On this <br /> <br />to be <br /> <br />voluntary act and dee~. <br /> <br />t-h~iy <br /> <br />Witness my hand and notarial seal at Grand I{lSland NE/-~~ <br /> <br />date aforesaid, + <br /> <br />My Commission expires: <br /> <br />~ ,;p.:.... <br /> <br />.... - f1. .ace Below This Line Reserved For Lender and Recorder) <br /> <br />../ <br /> <br />'E~'.. ~ <br />I ,. ......--- <br />8 N . . ..~ <br /> <br />': .-t ~~ <br /> <br />.oo~~w:!: <br />~l 1;: c: E Z L:_ <br />~'N'._ '" <br />f) ... ..... ...~ (J ...--1 <br />'" t.:)(:JZr', <br />" CO ,,' o- <br />J. 00 NBC 10li~~03 <br />-<;( :.:.) <br />I- c' <br />(/) <..:> <br /> <br /> ~ <br /> ~ ~ <br />CO J~i <br />.=1- <br /> ,..,J if, <br />en o~ c j~I <br /> LL' <br />= LJ, <br />o:::c '~.\'i L <br /> IJ. <br />c:c ~ / C h <br /> " <br /> e- <br />n;: " u <br />2/~ ., n <br />\ .....,' <br />." <br />0."1 V\~ -.1 <br />[)C) <br />.. <br /> <br />....- <br />