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<br />7. Condemnation. In the event the Property, or any part thereof, shall be taken 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 repair and restore the property so damaged.
<br />
<br />8. Performance by Mortgagee. Mortgagt'!e may, but shall have no obligation, to do any act which the Mortgagor
<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 ~ortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee
<br />shall not Incur any personallhi.bility 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 theregom 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 llSlligned 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 advan.ces, 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 prot.ect 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 therl;!of.
<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 convenience only and shall not be used to inter-
<br />pret or define the provisions hereof.
<br />
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<br />c jJ,R..;r- ~/1, L-~.n~..J.L-'-' ~
<br />( obert Lv' Jakubowskl) BOirowu'.
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<br />~'Lo-I-ce (' L.- cl ~~/.~ ~(;-c--v<J"-J, . """'" ~
<br />(Isabelle B. JakUbowski) Borrower ~
<br />
<br />State of Nebraska. Hill 1 County ss: ~ )-
<br />
<br />., On this 19t.h day of Apri 1 ,19.8.8.-, before me, the undersigned, a Notary Public '). ~
<br />
<br />duly commissioned and qualified for said county, personally came Robert L. Jdkub0wski and ~ ~
<br />
<br />Isabelle B. Jakubowski , to me known to be the' l:;("
<br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereor~ 11'-"
<br />
<br />to be the i r voluntary act and deed: ~1 ~
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<br />Grand ,. "I. ,ounty,th. .~~ t i
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<br />Notuy PUblic ~ ~~
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<br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the J..2...thIay of
<br />
<br />April
<br />
<br />,19.illL.
<br />
<br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge. thfs Mortgage and
<br />shall execute and deliver a satlsfactmy release therefor.
<br />
<br />Witness my hand and notarial seal at
<br />. date aforesaid.
<br />
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