<br />88-105872
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<br />4. In the event the Property. or any part thereof, st;all be taken by eminent
<br />domain, the Mortgagee is empowered to collect and receive all compensation which
<br />may be pai d for any property taken or for damages to property not taken, and Mortgagee
<br />shall apply such compensation. at its option, either to a reduction of the indebtedness
<br />secured hereby or to repair and restore the property so damaged.
<br />
<br />5. Nortgagee may, but shall have no obligation, to do any act which the Mortgagor
<br />has agreed but fa il s to do, and f'ortgagee may a 1 so do any act it deems necess ary to
<br />protect the lien hereof. Mortgagor agrees to repay, upon demand, any sums so expended
<br />by the r~ortgagee for the above purposes, and any sums so expended by the Mortgagee
<br />shall be added to the indebtedness secured hereby and become subject to the 1 ien
<br />hereof. t10rtgagee shall not incur any personal liability because of anything it
<br />may do or omit to do hereunder.
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<br />6. Time is the essence hereof, and upon Mortgagor's default in any covenant
<br />or agreement of this Mortgage, including covenants to pay when due the sums secured
<br />by this Mortgage, the Mortgagee shall be entitled, at its sole option and without
<br />notice, to declare all sums secured by this Mortgage to be immediately due and
<br />payable and may commence foreclosure of this Mortgage by judicial proceedings;
<br />and, provided further, that upon such default the Mortgagee, or a receiver
<br />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 collect the rents,
<br />issues and profits therefrom and apply them fi rst to the cost of collection and
<br />operation of the Property and then upon the indebtedness secured by this Mortgage;
<br />said rents, issues and profits being assigned to the Mortgagee as further security
<br />for the payment of the indebtedness secured hereby.
<br />
<br />7. If all or any part of the property is sold or transferred without the express
<br />written consent of the Mortgagee, Mortgagor may at its sole option, declare all sums
<br />secured by this Mortgage to be immediately due and payable.
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<br />8. Any forebearance in exercising any right or remedy shall not be a waiver thereot
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<br />g. All remedies provided herein are distinct and cumulative to any other right
<br />afforded by law or eouity, and may be exercised concurrently, independently or
<br />successively.
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<br />10. The covenants and agreements contained herein shall bind, and all rights
<br />inure to, the respective successors and assigns of the Mortgagor and the Mortgagee.
<br />
<br />11. All covenants and agreements of the Mortgagor and the Mortgagee are joint
<br />and several.
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<br />12. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge
<br />this flortgage and shall execute and deliver a satisfactory release therefor.
<br />:PI
<br />IN WITNESS WHEREOF, Mortgagor has executed this f10rtgage on the -zg day of
<br />
<br />
<br />~d~~~~1a:.!
<br />
<br />Charlotte A. Harders
<br />
<br />01'" t nhpr
<br />
<br />,19~.
<br />
<br />~
<br />,
<br />
<br />,\....,'.. T-I <.1: ..).-
<br />Marie Harders
<br />
<br />STATE OF NEBRASKA, Hall County ss:
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<br />On thi s ~ day of t1:JC-~ be,,- , 19.? 8', before me, the undersigned, a
<br />
<br />Notary Public duly commissioned and qualified for said county, personally came Marie
<br />Harders. a single person and Franci~ H. Harders and . ~
<br />Charlotte A. Harders. husband and wl.fe , to me knO\'Jn to be the ldentlcal
<br />
<br />persons ,.hose names are subscribed to the foregoing instrument and acknowledged the
<br />
<br />
<br />execution thereof to be thei r vol untary act and deed.
<br />
<br />r\ (i[r.E!W. "aTAR\'-S,.,.ot !iI"luk.l
<br />! 1 JOHN J. GTOKMAN
<br />r :.: ~ .. ~'1 PAv Cc'.r.:n. FIl,p ~lIn. 22. 'I Z-
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