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<br />\ <br /> <br />) <br /> <br />88-104174 <br /> <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 <br /> <br />hereunto set <br /> <br />In presence of: <br /> <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. <br /> <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, <br /> <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. <br /> <br />their <br /> <br />hand(s) the day and year first above written. <br /> <br />ISalI <br />ISealI <br />ISall <br />ISealI <br />1s.l1 <br /> <br />Steven G. Brill U~ <br /> <br />~~Cr - /~O <br />era K. Semanick Brill <br />//a~t.Uld,l( d~t,(du~d... duLL <br /> <br />Page 3 01 4 <br />