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<br />r- <br /> <br />r <br /> <br />7. Condemnation. In the event the Proptlrty, or any part thereof, shall be taken by eminent domain, the Mortgagee <br />Is emp~wered to collect and receive aU 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 repair 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 MortgaRor <br />has agreed but falls 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 !iums 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 covanant <br />or mgreement 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 transtened 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 ProvlshJDs. <br /> <br />(a) Any forebearance in exercising any right or remedy shall not be a waiver thereof. <br /> <br />(b) fJI 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 ot the Mortgagor and the Mortgagee. <br /> <br />(d) All covenants and agreements of the Mortgagor are joint and several. <br /> <br />(e) The hesdings ot 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. ReIeue. Upon payment of all sums secured by this Mortgage, Mortgagee shall dischlll\i":. this Mortgage and <br />sbalI exeeut.e and deliver a &aiisfactol')' release therefor. <br /> <br />. . IN WITNESS WHEREOF, Mortpgorhu executed this Mortgage on the 8th day of April ,19~. <br /> <br />i . <br /> <br />., ~'.' <br /> <br />61 f:.a.};n ~^'"-"~ <br /> <br />BOllower: <br /> <br />Bonower <br /> <br />{ <br />~ <br />'\ <br />~ <br /> <br />L <br /> <br />On this 8th day of April , 19.a8-, before me, the undersigned, a Notary Public i I~ <br /> <br />duly commissioned and qualified for said county, personally came James Paul Anderson ~ \J~ <br /> <br />, to me known to be the . ') <br />ldentieal person(s) whose name(s) are subscribed to the foregoing Instrument and acknowledged the execution thereot ~ '" ~ <br /> <br />to be his voluntuy act and d~d. ":\~. ~ ~ i <br /> <br />Witness my hand and notarial seal at Grand Is land, Nebraska In said county, the ~.. ~~~. <br />.wd~d. - ,~ ) <br /> <br />6~ ~~:~i-..-. rf. F. ~-J ~.~\:) ~ <br />0>9-':~"C::-~~~l:. 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