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<br />r <br /> <br />I <br /> <br />88- 101591 <br /> <br />hereunto set ~\ hand(s) the liay and year first above written. <br />.. ~ "'-....\/ I <br />~'- -f(~~ ~~ i..-!.D "cJ.)Seal( <br />Tlmot y . I tea <br />~~ ~Se <br />~)<,., _ . r" \ _ ~. ". ) <br />, I v...~""', \I U'>~'i \..... t............... ,",\J\ ,---' )~~ . <br /> <br />(Sul( <br /> <br />ISeal( <br /> <br />made shall be added 10 the principal sum owing on the above <br />note, shall be secured hereby, and shall bear illlerest at the rate <br />set forth In the said note, until paid, <br /> <br />7. That the Mortgagor hereby assigns, trnllsfers and sets over <br />to the Mortgagee, to be applied toward the payment of the note <br />and all sums secured hereby in case of a default in the perfor- <br />mance of any of the terms and conditions of this mortgage or the <br />said nole, all the rents, revenues and income to be derived from <br />the mortgaged premises during such time as the mortgage in- <br />debtedness shall remain unpaid, and the Mortgagee shall have <br />power to appoint any agent or agents it may desire for the pur- <br />pose of repairing said premises and of renting the same and col- <br />lecting the rents, revenues and income, and it may payout of <br />said incomes all expenses of repairing said premises and necessary <br />commissions and expenses incurred in renting and managing the <br />same and of collecting rentals therefrom; the balance remaining, <br />if any, to be applied lowzn.i the discharge of said mOrlgage <br />indebtedness. <br /> <br />8. That the Mortgagor will keep the improvements now ex- <br />isting or hereafter erected on the P- ortgaged property, insured as <br />may be required from time 10 time by the Mortgagee against loss <br />by fire and other haurds, casualties and contingencies in such <br />amounts and for such periods as may be required by the Mort- <br />gagee and will pay promptly, when due, any premiums on such <br />insurance provision for payment of which has not been made <br />hereinbefore, All insurance shall be carried in companies ap- <br />proved by Ihe Mortgagee and the policies and renewals thereof <br />shall be held by the Mortgagee and have attached thereto loss <br />payable clauses in favor of and in form acceptable 10 the Mor- <br />tgagee. In evenl of loss Mortgagor will give immediate notice by <br />mail to the MOrlgagee, who may make proof of loss if not made <br />promptly by MOrlgagor, and each insurance company concerned <br />is hereby authorized and directed 10 make paymem for such loss <br />directly to the Mortgagee instead of to the Mortgagor and the <br />Mortgagee jointly, and the insurance proceeds, or any parI <br />thereof, may be applied by the Mortgagee at its option either to <br />the reduction of the indebtedness hereby secured or to the <br />restoration or repair of the property damaged, In event of <br />foreclosure of this mortgage or other transfer of title 10 the mor- <br />tgaged property in extinguishment of the indebtedness secured <br />hereby. all right, title and interest of the Mortgagor in and to <br />any insurance policies then in force shall pass to the purchas~r or <br />grantee. <br /> <br />9. ThaI as additional and collateral secUlity for the payment <br />of the note described. 'and all sums to become due under Ihis <br />mortgage, the Mortgagor hereby assigns to the Mortgagee all <br />profits, revenues, royalties. rights and benefits accruing to the <br />Mortgagor under any and all oil and gas leases on said premises, <br />with the right !O receive and receipt for the same and apply them <br />to said indebtedness as well before as after default in the condi- <br />tions of this mortgage, and the Mortgagee may demand, sue for <br />and recover any such payments when due and payable, bUI shall <br />not be required so to do, This assignment is to terminate and <br />become null and void upon release of this mongage. <br /> <br />In witness whereof the Mortgagor(s) ha <br /> <br />In presence of: <br /> <br />10. That the Mortgagor will keep the buildings upon said <br />premises in good repair, and neither commit nor permit waste <br />upon said land, nor suffer the said premises to be lISed for any <br />unlawful purpme. <br /> <br />II. That if the premises, or any part thereof, be condemned <br />under lhe power of eminent domain, or acquired for a public <br />use, the damages awarded, lhe proceeds for the taking of, or the <br />consideration for SIIch acquisition, to the extent of the full <br />amount of indebtedness upon this mortgage and the note which it <br />is given to secure remaining unpaid, are hereby assigned by the <br />Mortgagor to the Mortgagee, and shall be paid forthwith to said <br />Mortgagee to be applied by the latter on account of the next <br />maluring installments of such indebtedness. <br /> <br />12. The Mortgagor further agrees that should this mortgage <br />and the note secured hereby nol be eligible for insumnce under <br />the National Housing Act within days <br /> <br />from the date hereof (written statement of any officer of the <br />Department of Housing and Urban Development or authorized <br />agent of the Secretary of Housing and Urban Development dated <br />subsequent to the days' time from the date <br />of Ihis mortgage, declining to insure said note and this mortgage, <br />being deemed conclusive proof of wch ineligibility), the Mor- <br />tgagee or hoider of the noh: may, at its option, declare all sums <br />secured hereby immediately due and payable. <br /> <br />13. That if the Mortgagor fails 10 make any payments of <br />money when the same become due, or fails to conform to and <br />comply with any of the ccnditions or agreements contained in <br />this mortgage, or the note which it secures, then the entire prin- <br />cipal sum and accrued interest shall at once become due and <br />payable, at the eleclion of the Mortgagee; and this mortgage may <br />thereupon be foreclosed immedialely for the whole of sz.id <br />money, interest, monthly payments, costs. ground rents, taxes <br />and the cost of extending the abstract of title from the date of <br />this loan to the time of commencir.g such foreclosure suit, and a <br />reasonable attorney's fee, all of which shall be included in the <br />decree of foreclosure; and the contract embodied in this mortgage <br />and the note secured hereby, shall in all respects be governed. <br />constr;Jed and adjudged by the laws of Nebraska, where the same <br />is made. <br /> <br />The covenants herein contained shall bind, and the benefits <br />and advantages shall inure to, the respective heirs, executors, ad- <br />ministrators, successors, and assigns of the panies hereto. <br />Whenever used, the singular number shall include the plural, the <br />plural the singular, and the use of any gender shall include all <br />genders, <br /> <br />The foregoing conditions. all and singular, being performed ac- <br />cording to theil natural and legal import. this conveyance shall <br />be void and said premises released at the expense of the Mort- <br />gagor; otherwise to be and remain in full force and effect. <br /> <br />L <br /> <br />Page 3 of 4 <br /> <br />L <br /> <br />-.J <br /> <br />L <br />