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<br />88-105872 <br /> <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. <br /> <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. <br /> <br />8. Any forebearance in exercising any right or remedy shall not be a waiver thereot <br /> <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. <br /> <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. <br /> <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: <br /> <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- <br /> <br />