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<br />88- 102820 <br /> <br />5" \ MOr.:t~age~ may, but shall have no obligation, to do any act <br />which tt\e.-<Mor,~gagor"ha:s,agreed but failfi! to dOt and Mortgagee may "lRo <br />do an:r act it deems necessary to pl'otect the lien hereof. Mortgagor <br />a~rees to repay, upon demandt any sums so expended by the Mortgagee for <br />the abo.Je purposes, and any sums so expended by the tvlortgageeshall be <br />added to the indebtedness' secured hereby and become subject to the lien <br />hereof. Mortgagee shall not inC\lr "ny personal liability because of <br />anything it maj' do or omit to do hereunder, <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 t-lortgage to be immediately due and payable and may <br />commence foreclosure of this I>lort.gage by judicial proceedings; an.d, <br />provided further, that upon such default the Mortgagee, or Ii receiver <br />appointed by a court, may at. its option and without regard to. the <br />adequacy of the security, enter upon and tal,e possession of the <br />Property and collect the rents, issues and profits therefrom and apply <br />them fil.'5t to the coat of collection f.tnd 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 us further security for the <br />payment of the irldebtedness secured hereby. <br /> <br />7, If all or any part of the property is sold or transferred <br />without the express written consent of the Mortgagee, t-1ortgagee may at <br />It I> sole option, declare all sums secured by this Mortgage to be <br />immediately due and pa:\rable. <br /> <br />8. Any forbearance in exercising Ilny l'ight or remedy shall not be <br />a waiver thereof. <br /> <br />9. An remedies provided herein are distinct and cumulative to <br />any othel.' right afforded by law or (~quity, 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 !>lortgagor and the <br />Mortgagee are joint and several. <br /> <br />12. Upon payment of all sums secured by this Mortgage, Mortgagee <br />shall discharge this Mortgage and shall execute and delivel' a <br />satisfactory release therefor. <br /> <br />r- <br />IN WITNESS WHEREOF, Mortgagor has cl\ecllted this ~Iortgage on the Z1 <br />day of ~ "I ' 1988. <br /> <br />!JJd~ <br />Wil~iS J. . >>. <br />J)~~~- <br />Darlene M. Roth <br /> <br /> <br />STA'l'E Ol" NlmRASKA, COUNTY OF .~_,_: <br /> <br />The foregoing instrument was acknowledged before me this _Illi'~ct~, <br />by WIt,LIS J. UOTII and DARLENE M. RO'Y'H, husband and wife. <br /> <br /> <br />--"!'............. <br />. DClIII'H't J.~ <br />IrGlll& -........ _ <br /> <br />,/,/)" ~\ (0 P . \ <br />~*~;:l~1tLl~6t"'J'L[( .;;2.,.. <br />