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<br />10:~.'U'-1 <br />RE.RECORDED 88- ~ <br />88- 103088 ., <br />7. Condemnation. In the event the Property, or any part t' .ereof, shall be taken by eminent domain, the Mortgllgee <br />is empowered to collect lIIId receIve all compensation which IIlI!Y to 4 paid for any property taken or for damages to property <br />not taken, and Mortgagee shall apply such compensation, at it:; option, either to a reduction of the indebtedness secured <br />bereby or tll repair and restore the property so damaged. <br /> <br />8. Performance by Mort&lIIoo. Mortgagee may, but shall have no obligation, to do any act which the Mo~or <br />has agreed but fails to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortp&or <br />agrees to repay, upon demand, any sums so expended by the Mortgagee for the above pUrp068S, and any sums 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 personal liability because of anything it may do or oml! to do hereunder, <br /> <br />9. Default; Atislgmnent of Rents. Time is of the essence hereof, and upon Mort&agor's default in any covenant <br />or agreement of this Mortgage, Including covenanb to pay when du~ the SIUIIli secured by this Mortgage, the Mortgagee sha11 <br />be entitled, at Its sole option and without notice, to declare all sums secured by this Mortgqeto be immediately due and <br />payable and may commence foreclosUN of this Mortgage by judicial proceedings; and. provided further, that upon wch <br />default the Mortgagee, or II receiver appointed by a court, may at its option and wiiliout regard to the adequacy of the <br />security, enter upon and take posgession of the Property and collect the rents, isliues and profits therefrom and apply them <br />first Lo the cost of collection and operation of the Property and then upon the indebtednBSli secuzed by this Morlp&ee; <br />said rents, ~ues and profits being assigned to the Mortgagee as furthl!r security for the payment of the indebtedness <br />secuzed hereby. <br /> <br />10. Transfer of Property, If all Of ~ny part of the Property is sold or tfll/l5felTl!d without the express written con- <br />sent of the Mortgagee, Mortgagee may at its sole option, del'la,e all sums secured by this Mortgage to be immediately d'le <br />and payable. <br /> <br />H. Future Advances, Upon request 01 Mortgagor, Mortgagee may make additionti and futuze aliYances to <br />Mortgagor. Such advances, with interest thereon, shall be secured by tilis 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 thil; <br />Mortgage, not including sums advanced to protect the security tlf this Mortgale, exceed the original Note. <br /> <br />12, Miscellaneous Provisions. <br /> <br />(al Any rorebeaIaDCe In exercising any right or remedy shall nut be a waiver thereof. <br /> <br />(b I All remedies prm'ided herein are dblinct and cumulalive to any other right afforded by law or equity, <br />o.nd may be exercised ::onculTI!ntly, mdepemiently or sUCCI!IWively. <br /> <br />{cl The covenants and agreements conUlined herein shall bind, and the rights inure to. the respective <br />successors a!ld aosigns or the Mortgagor and the Mortgagee, <br /> <br /> <br />(d I All covenants and agreements .of the Mortgarror are joint IUd several. <br /> <br />4<' ) The beadings of the para&faphs of thli Mortpee are for convenience only and &hall not be used to inter- <br />pret or de fine the provtSions hereof. <br /> <br />By: <br /> <br />rustee <br />'fruste!" <br /> <br />~~7T"",,"~-L--"rrust ee <br /> <br />'frustee <br /> <br />u... <br />OJ' <br />13' .. <br />I' <br />by: <br />1;' . <br />by: <br /> <br />Statt' of Nebruka. <br /> <br />_ H"l~ <br /> <br />________COunty 55: <br /> <br />On this ls t day of M" V 19 ~ _, befo.... me, the undersigned. a No~' Public <br />John Schroeder, Clarlene Schmidt, Thomas Atkins, <br />duly commissioned and qualified for said county. pe15onali}' came nR 1.. A,..\' "I"mRn . '1'...." ,,,p" ~nit nnn.. 1 it " Arnold, <br />President, Bradly L. Brush, Secretary, Norman N. McCarthy, Treasurer, and Karl Hughes and <br />Ha on Has elm n f The b ~ to me known to be the <br />identical pBlli'.onls hOSf' namels) are 5U scrllx> Lo e 0 eoing instrumenl and acknowledged the execution thereof <br /> <br />to be t hr' I r ___ voluntary act and deed, <br /> <br />Witn"", my hand and notmrlal sui at <br />date aroresald ' <br />My Commission sp~L=:r=- <br />-dIe-_ ..,c...-... <br /> <br />Grand lslcJl)d. NE <br /> <br />in said county, thl' <br />, . / <br />I /fl-?~ ' / <br />A/~~~4'" ~'r"~, <br /> <br />NotarY Publil: <br /> <br />~.____ ______ (Spac. Below 'l"ltP l.Jnt' R.1I".rwd For Lenduand RoI'eordn) ------- <br /> <br />"11101 )Uf," .,.... au) J AH <br />