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<br />1027)03 <br />88- <br /> <br />clauses in favor of and in form acceptable 10 Ihe MOrlgagee. In <br />evenl of loss Mllrlgagor will give immediate no lice by mail 10 Ihe <br />Morrgagee. who may make proof of loss if not made promptly <br />by Mortgagor. and each insurance company concerned is hereb)' <br />authorized and direcled to make paymenl for such loss directly 10 <br />Ihe Morrgagee inslead of 10 Ihe Morrgagor and Ihe Mortgagee <br />jointly. and the insurance proceeds. or any parllhereof, may be <br />applied by the Morrgagee at its option eilher 10 Ihe reduction of <br />the indebtedness hereby secured or to the restoration or repair of <br />the properry damaged. In evenl of foreclosure of this mortgage <br />or other transfer of litle to the said premises in extinguishmenl of <br />Ih;e indebtedness secured hereby. all right, title and interest oC Ihe <br />Morlgagor in and 10 any insurance policies then in force shall <br />pass to the purchaser or granlee. <br /> <br />9. ThaI, as additional and collateral security for the paymenl <br />of the note described, and all sums to become due under Ihis <br />mortgage, Ih,. Morlgagor hereby assigns to Ihe Mortgagee all <br />profits, revenues, royalties, rights and benefils accruing 10 Ihe <br />Mortgagor under any and all oil and gas lea.es on said premises, <br />with the righl 10 receive and receipt for the same and apply Ihem <br />10 said indebtedness as well before as after default in the condi- <br />lions oC Ihis mortgage, and Ihe Mortgagee may demand, sue for <br />and recover any such payments when due and payable, but shall <br />nOI be required so 10 do. This assignment is to terminate and <br />become null and void upon release of this mortgage. <br /> <br />10. ThaI rhe Morrgagor will keep the buildings upon said <br />premises in good repair, and neither commit nor permil waste <br />upon said land, nor suffer the said premises 10 be used for any <br />unlawCul purpose. <br /> <br />II. ThaI if Ihe premises, or any part thereof. be condemned <br />under the power of eminent domain, or acquired for a public <br />use. the damages awarded, Ihe proceeds for the laking of, or the <br />consideralion for such acquisilion, to the extenl of the full <br />amount oC indebtedness upon this mortgage and Ihe note which il <br />is given to secure remaining unpaid, are hereby assigned by the <br />Mortgagor ~o the Mortgagee, and shall be paid Corthwith to said <br />Mortgagee to be applied by the latter on account of the next <br />maturing installments of such indebtedness. <br /> <br />In witness whereof the Mortgagor(s) ha s <br /> <br />hereunto sel <br /> <br />In presence of: <br /> <br />12. The Mortgagor Curl her agrees Ihal should Ihis mortgage <br />and the nOle secured hereby not be eligible for insurance undel <br />the National Housing Acl within 1 20 days <br />Crom the date hereof (wrinen stalement of an officer of Ihe <br />Department of Housing and Urban Developmenl or aUlhorized <br />agent of Ihe Secretary of Housing and Urban Development dated <br />subsequenl 10 the 120 days' time from the date <br />of Ihis mortgage. declining to insure said nOle and Ihis Mortgage, <br />being deemed conclusive proof of such ineligibility), Ihe Mort- <br />gagee or holder of the note may, al its option, declare all sums <br />secured hereby immedialely due and payable. Notwithstanding <br />the foregoing, this option may not be exercised by the holder of <br />the note when Ihe ineligibility for insurance under the National <br />Housing ACI is due to Ihe Mortgagee's failure 10 remit Ihe Mort- <br />gage Insurance Premium to the Departmenl of Housing and <br />Urban Developmem, <br /> <br />13. ThaI if Ihe Mortgagor fails to make any paymenls of <br />money when Ihe same become due, or fails to conform to and <br />comply with any of Ihe conditions 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 elect;on of the Mortgagee; and this mortgage may <br />thereupon be foreclosed immediately for the whole of said <br />money, interest, monthly payments, costs, ground rents, taxes <br />and Ihe cost of extending the abstract of title from the date of <br />Ihis loan to the time of commencing such foreclosure suit, and a <br />reasonable auorney's fee, all of which shall be included in the <br />decree of foreclosure; and the contract embodies in this mortgage <br />and the note secllred hereby, shall in all respects be governed, <br />construed 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, <br />administralors, successors, and assigns of the parties 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 <br />according to their 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 />his <br /> <br />hand(s) the day and year first above writlen. <br /> <br />~we~uL <br /> <br />;~II <br /> <br />(Seal) <br /> <br />(Seall <br /> <br />(Seal( <br /> <br />(Seal) <br /> <br />HUD-92i43M-1 <br /> <br />Page 3 01 4 <br />