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<br /> <br /> <br /> k£-RECORDLO <br /> 88'104819• <br /> 7. Condemnation. In the ewrnt the )*,operly, or any pr;,t the t eof, 3bli l br taken b; eminent domain,tb,(, Mortpg" <br /> io emp" veered to collect and receliv V ccatpenation which may be t Ad for any get t.perty tape.% or for danw" to twgwrty. <br /> not tairen, and Mortgagee shall apgjj sudl ecnopenation, at Its opdoe, either to a reduction of i:e indebtedness secured <br /> hereby or to repair and ragore thif ; ylrr,n!y, st darr aw- <br /> 8• Performance by Mortl a,; 9e, 111ortgsgee may, but shall have no obligation, to do any act which ti;d Mortpa,or <br /> iias agreed but fails to do, znd Ki liga.kee rnaa also do any act It deems recesmy to protect the lien hereof. Mortgagor <br /> agees to repay, upo.u demand, any r drag so expended by the Mortgaaee for the above purposes, and any sums so expended <br /> by the Mortga,,lre s1u11 be added N) the indebtedness secured heraby and become subject to the lien hereof. Mortgagee <br /> sha11 not inchz any personal liability because of anything it may door omit to do hereunder. <br /> 9. Default, Assignment of Rents, Time Is of the essence hereof, and upon Mortgagor's default in any covenant <br /> or agreement of this Mortgage, including covenants to pay when dire the sums secured by this Mortgarfe, the Mortgagee shall <br /> be entitled, at its sole option and without notice, to declare all suns; secured by this Mortgsge.to be immediately due and <br /> payable and may commence foreclosurp. of this Mortgage by judicisil proceedings; and, provided further, that upon such <br /> default tl:e Mortgagee, or a receiver appointed by a court, may at Its option and without regard to the adequacy of the <br /> security, enter upon and take possession of the Property and tollec:; the rents, Issues and profits therefrom and apply them <br /> first to tb:r cast of collection and operation of the Property and then upon the Indebtedness secured by this Mortgagee; <br /> said rents, Issues and profits being assigned to the Mortgagee as further security for the payment of the Indebtedness <br /> secure d hereby. <br /> 10. Transfer of Property. If all or any part of the Property Is sold or transferred without the express written con- <br /> sent of i:he Mortgagee, Mortgagee may et its sole option, declare all sums,secured by this Mortgage to be immediately clue <br /> and payable. <br /> 11. Future Advances. Upon request of Mortgagor, Lortgagee may :;lake additional xnd future advances to <br /> Mortgagor. Such advances, with Interest thereon, shat: be secured by this 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 5y this <br /> Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. <br /> 12. Miscrrilane+ou= °zovisions. <br /> (a) Any forebearance in exerching any right or comedy shall not be a waiver thereof. <br /> (b) All re rniadies provided herein are distinct and cumulative to any other right afforded by law or equity, <br /> and may be exercised concurrer:tly, Independently or successively. <br /> (c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective <br /> successors and assigns of the Mortgagor and the Mortgagee. <br /> (d) All covmanta and agreements of the Mortgagor are joint and several, <br /> (e) The headings of the paragraphs of this Mortgage are for convenience only and shall not be used to inter- <br /> pret or define the provisions hereof. <br /> 13. Release. Upon payment of all sums secured by this Mortgage. Mortgagee shall discharge this Mortgage and <br /> shall execute and deliver a satisfactory release therefor. <br /> IN WII NESS WHEREOF, Mortgagor has executed this Mortgage on the_22t lay of.__J nuar_y 198A-. <br /> Ac en ns ey , <br /> - Boarower <br /> Borrower <br /> State of Nebraska, <br /> unty ss: <br /> Can this ---),Qt-.h day of ,Ian~__ 1g 8A_, before me, the undersigned, a Notary Plblic <br /> duly commission?d and qualified for said county, personally came- Ad n Fnsi ey <br /> to me known to be the <br /> identical person(s) whose name(s) are subscribed to the foregoing instrument and ackpowledged the execution thereof <br /> to be his voluntary act and deed. <br /> Witness my hand and notarial seal at 2r-A 2 nr~ r In said county, the <br /> date aforesaid. <br /> My Co mission expires: <br /> MWA PAUM Notary Public <br /> wA6 *,QwAqgL ft it M01 <br /> r~ - (Space Below This Line Rescrved For Lender and Recorder) _ <br /> State of Nebraska, County of liall: Y <br /> 7- C:) On this 20th day of April, 1984 before me, the un' ersigned, <br /> - CD '`x r: a Notary Public duly commissioned & qualified f said <br /> 111' #1 <br /> a 0 county, personally came 1=rpnces Ensley to me know to be f..he <br /> r rU identical l.v~r on whose name is subscribed to th'. lQFegoing <br /> O m instrument & acknowledged the execution *.ereof' Oe tier <br /> M= .E voluntary act & deed, Witness my hand & r.cl•.ir :ri: <br /> ea; at: <br /> . r~ Grand Island, NE, in said county, the date <br /> i'rI~ <br /> u> C, cn <br /> Notary Pub is y <br /> NBC 1066 1-40 303 2180 W \ <br /> il~3iA1;111IIIRY~ 6'I gehgsta 1\, <br /> I(''tieW ft Od. K 1960 <br /> ,,,,,.a <br />