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<br />I <br /> <br />., 8S:" 1 0 16 0-1;:' ij J <br /> <br />t... <br /> <br />4. · In the event the Propcl'ty, 01' any pal'l; thereof, shall be taken <br />by eminent domain, the Mort.gagee is empowered to coHect and receive <br />all compensation which may be paid for ltHY pl'operty taken or for <br />damages to property not taken, and Mortgagee shall apply such <br />compensationj at its option, either lo l\ roduction of the indebtednet:lB <br />secured hereby or to repair and restoro the property so damaged. <br /> <br />6. Time is the essence hereof, and upon Mortgagor's default in <br />any convenant or agreement of this Mortgage, including ,covenants to pay <br />when due the sums secured by this Mortgage, the Mortgagee shall be <br />entitled, at its sole option and without notice, to declare all sums <br />secured by this Mortgage to be immediately due and payable and may <br />commence foreclosure of this Mortgage by judicial proceedingsj and, <br />provided further, that upon such default the Mortgagee, or a receiver <br />appointed by a qourt, may at its option and without regard to the <br />adequacy of the security, enter upon and take possession of the <br />Property and collect the rents, issues and profits therefrom and apply <br />them first to the cost of collection and operation of the Property and <br />then upon the indebtedness secured by this Mortgage; said rents, issues <br />and profits being assigned to the Mortgagee as further security' for the <br />payment of the indebtedness secured hereby. <br /> <br /> <br />5. Mortgagee may, but shull have no obligation, to do any act <br />which the Mortgagor has agreed but fails to do, and Mortgagee may also <br />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 <br />the above purposes, and any sums so expended by the Mortgagee shall be <br />added to the indebtedness secured hereby and become subject to the lien <br />hereof. Mortgagee sha.ll not illcur an y personal liability because of <br />anything it may do or omit to do hereunder. <br /> <br />7. If all or any part of the property is sold or transferred <br />without the express written consent of the Mortgagee, Mortgagee. may at <br />its sole option, declare all sums secured by this Mortgage to be <br />immediately due and payable. <br /> <br />8. Any forbearance in exercising any right or remedy shall not be <br />a waiver thereof. <br /> <br />9. All remedies provided herein are distinct andcurnulative to <br />any other right afforded by law or equity, and may be exercised <br />concurrently, independently or successively. <br /> <br />10. The convenants and agreements contained herein shall bind, and <br />all rights inure to, the respective successors and assigns of the <br />Mortgagor and the Mortgagee. . <br /> <br />11, All convenants and agreements of the Mortgagor and the <br />Mortgagee are joint and several. <br /> <br />,/JoL~ <br />~if)f.l.n <br />~ ~/I'//UL~Pd-.d <br /> <br />Connie L. Allan <br /> <br />r- <br /> <br />[ <br />I <br />I <br />I <br />I <br /> <br />STATE OF NEBRASKA, COUNTY OF HALL: <br /> <br />The foregoing instrument was acknowledged before me this 17]A"tc.IA .51/9.,& g <br />by John It. Allan and Connie L. AlIan, husband and wife. <br /> <br />".'1 <br /> <br />~. CiUltlW. !lotAllY -$"'." Ipl.." <br />:, JOHN J. STOIlMANI'? <br />r: .-<." ."!!!!!I Mf<<:omrTl. FlIP JJA. 22, "{ 2-. <br />'J!.,,-'.."C:. <br /> <br />J}.~- - ~- <br />// ":f~fNf:;1'A~ PHilLie <br /> <br /> <br />1._ ___,.~.. <br /> <br /> <br />: .J <br />t:' <br />