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<br />88-104174
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<br />made shalt be added to the principal sum owing on the above
<br />not.:, shall be se<:ured hereby, and shall bear inlerest at the rate
<br />set forth in the sald note, until paid.
<br />
<br />7. That the Mortgll&or hereby assigns, transfer! and sets over
<br />to the Mortsasee, to be applied toward the paymenl of Ihe note
<br />and all sums secured hereby in case of a defaull in Ihe perfor.
<br />mance of any of the terms and conditions of this mortgage or Ihe
<br />said note, all the rents, revenues and income 10 be derived from
<br />the mortsased premise5 during such time as the mortgage in-
<br />debtedness shall remain unpaid, and the Mortlll&ee shall have
<br />power to appoint any lI&ent or agents it may desire for Ihe pur.
<br />pose of repairing said premises lind of renling the same and col-
<br />lectins the rents, revenues and income, and it may pay OUI of
<br />said incomes all expenses of repairing said premises and necessary
<br />commissions and expenses incurred in renting and managing Ihe
<br />same and of collecting rentals therefrom; the balance remaining,
<br />if any, to be applied loward the discharge of said mortgage
<br />indebtedness.
<br />
<br />8. That Ihe Mortgll&or will keep the improvements now ex.
<br />isting or hereafter erected on the mortgaged property, insured as
<br />may be required from time to time by the Mortgagee againsl loss
<br />by fife and other hazards, casualties and contingencies in such
<br />amounts and for such periods as may be required by the Mort-
<br />Plee and will pay promptly, when due, any premiums on such
<br />insurance provision for payment of which has not been made
<br />hereinbefore. All insurance shall be carried in companies ap-
<br />proved by Ihe Mortgagee and Ihe policies and renewals Ihereof
<br />shall be held by Ihe Morlgll&ee and have allached therelo loss
<br />payable claUle! in favor of and in form acceplable 10 Ihe Mor-
<br />twee, In evenl of Iou Mortgll&or will sive immediate nOlice by
<br />mail 10 the Mortgaaee, who may make proof of 101S if nol made
<br />promplly by Mortgagor, and each insur&llce company concerned
<br />is hereby aUlhorized and directed 10 make paymenl for such loss
<br />ciirectly 10 Ihe Mortllllee instead of [0 the Morlgagor and Ihe
<br />Monaaaee jointly, and Ihe insurance proceeds, or any part
<br />thereof, may be applied by Ihe Mortlaaee at ils oplion eilher 10
<br />the reduction of the Indebtedness hereby secured or 10 the
<br />restoration or repair of the property damaaed. tn event of
<br />foredolure of thiJ mortllle or other transfer of tille 10 [he mor-
<br />tPled propeny in extinguishment of the indebledness secured
<br />lIereby, all riabt, title and inleresl of Ihe Mortlagor in and to
<br />any inlurance policies then in force shall pass to the purchaser or
<br />IflIIItee.
<br />
<br />9. Thalli additional and collateral security for the payment
<br />of the IIOCe daeribed, and a11IU1D1 10 become due under this
<br />mortille, the Mortppr bereby auipJ to the Mortgll&ee all
<br />profit.. rewnuea; royalties, rilhll and beDefill accruing to the
<br />Monaaaor under any and all oil and III leases on said premise5,
<br />wilh the riabt to receive and receipt for the same and apply them
<br />10 said indebtednas II well before II afrer default in the condi-
<br />tionl of this mortNe, and the Mortlaaee may demand. sue for
<br />and recover any such paymenls when due and payable. but shall
<br />not be required 10 to do. This usianmenl is to terminale and
<br />become null and void upon release of this mortgage.
<br />
<br />.. w1t_ wIIereof the Mortlll&Or(s) ha ve
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<br />hereunto set
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<br />In presence of:
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<br />10. That the Mortgagor will keep the buildings upon said
<br />premises in good repair, and neither commit nor permit waste
<br />upon said land, nor suffer the said premises to be used for any
<br />unlawfut purpose.
<br />
<br />II. That if Ihe premises, or any part thereof. be condemned
<br />under Ihe power of eminenl domain, or acquired for a public
<br />use, Ihe damages awarded, the proceeds for the taking of, or the
<br />consideration for such acquisition. 10 the extent of the full
<br />amount of indebledness upon this morlsase and the note which it
<br />is given to secure remaining unpaid, are hereby assigned by the
<br />Mortgagor to il.~ i.iortgagee, and shall be paid forthwith to said
<br />Mortgagee 10 be applied by the latter on account of the next
<br />maturing installments of such Indebtedness.
<br />
<br />12. The Mortgagor further agrees that should this mortsase
<br />and the note secured hereby not be eligibte for insurance under
<br />the National Housing Act within days
<br />from the dare hereof (wrillen statement of any officer of the
<br />Department of Housing and Urban Development or authorized
<br />agenl of the Secretary of Housing and Urban Development dated
<br />subsequent [0 the days' time from the date
<br />of this mortgage, declining to insure said note and this mortgase,
<br />being deemed conclusive proof of such ineligibility), tbe Mor-
<br />tgagee or holder of Ihe nOle may, at ill option. declare all sums
<br />secured hereby immediatety due and payable.
<br />
<br />IJ. Tha[ if the Mortsasor fails to make any payments of
<br />money when the same become due, or fails to conform to and
<br />comply with any of the conditions or agreements contained In
<br />this mortgll&e, or the note which it secures, then the entire prin-
<br />cipal sum and accrued inleresl shall at once become due and
<br />payable, al the election of the Mortgagee; and this monaaae may
<br />Ihereupon be foreclosed immediately for the whole of said
<br />money. interest, monthly payments, costs, around rentI, taIIa
<br />and the cost of extendins the abstract of title from the date of
<br />this loan to the lime of commencing such foredosure luit, and a
<br />reasonable attorney's fee, alt of which shall be Included In the
<br />decree of foreclosure; and the contract embodied in this monpge
<br />and the nole secured hereby, shall in all respectS be aovemed,
<br />construed and adjudged by the lawl of Nebraska, where the same
<br />is made.
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<br />The covenants herein contained shall bind, and the beDefiu
<br />and advantqes shall inure 10, the respective ban, executors, ad-
<br />ministralor!. successors, and usigns of the parties bereto.
<br />Whenever used, the singular number shall include the plural, the
<br />plural the sinsular, and the use of any gender shall Include all
<br />aenders,
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<br />The foregoing conditions. all and slnsular. beins performed &C-
<br />cordins to their natural and legal import, this conveyance lhall
<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.
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<br />their
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<br />hand(s) the day and year first above written.
<br />
<br />ISalI
<br />ISealI
<br />ISall
<br />ISealI
<br />1s.l1
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<br />Steven G. Brill U~
<br />
<br />~~Cr - /~O
<br />era K. Semanick Brill
<br />//a~t.Uld,l( d~t,(du~d... duLL
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