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<br />) <br /> <br />) <br /> <br />88- 108130 <br /> <br />made shall be added to the principal sum owing on the above <br />notc, shall be secured hereby, Bnd shall bear interest at the rale <br />.el rorth In Ihe .aid nOle, unlil paid. <br /> <br />7. That the MonNor hereby assigns, transfers and sels over <br />10 the Mortgagee. 10 be applied toward the payment of the nole <br />and all sums leaued hereby in case of a default in the perfor. <br />mance of any of the tcnns and conditions of this mortgage or the <br />said note, all the rents. revenues Bnd income to be derived from <br />the mortgaged premises during such time as the mortgage in. <br />dcbtedness shall remain unpaid, and the Mortgagee shall bave <br />power to appoint any agent or agents it may desire for the pur- <br />pose of repairing said premises and of renting the same and col- <br />lecting the rents, revenues and income, and it may payout of <br />said incomes all expenses of repairing said premises and necessary <br />commissions and expenses incurred in renting and managing the <br />same and of collecting rentals therefrom; the balance remaining, <br />if any, to be ar;plied toward the discharge of said mortgage <br />ind~btedness. <br /> <br />8. That the Mortgagor wil1 keep the improvements now ex- <br />isting or hereafter erected on the mongaged propeny, insured as <br />may be required from time to time by the Mongagee against loss <br />by rue and other hazards, casualties and contingencies in such <br />amounts and for such periods as may be required by the Mort- <br />gage.:! and wil1 pay promptly, when due, any premiums on such <br />insurance provision for payment of which has not been made <br />h;reinbdorc. All insuran" shall be: c;arril:d in companies ap- <br />proved by the Mortgagee and the policies and renewals thereof <br />.hall be held by the Mortgagee and have anached therelo 1055 <br />payable clauscs in fsyor of and in fonn acceptable to the MorR <br />tgagee. In event of loss Mortgagor will give immediate notice by <br />mail to the Mortgagee, who may make proof of loss if not made <br />promptly by Mortgagor, and each insura.nce company concerned <br />is hereby authorized and directed to make payment for such 1055 <br />directly to the Mortgagee instead of to the Mongagor and the <br />Mortgagee: jointly, and the insurance proceeds, or any part <br />thereof, may be applied by the Mortgagee: at its option either to <br />the reduction of the indebtedness hereby secured or to the <br />restoration or repair of the propeny damaged. In event of <br />Coreclosure of this mortgage or other transfer of title to the mor~ <br />19a9ed property in extinguishment of the indebtedness secured <br />hereby, all right, title and interest of the Mortgagor in and to <br />any insuran~ policies then in force shall pass ta the purchaser or <br /> <br />srantcc. .' <br />_----'- :::-1 <br />9. ThaI.. addltloiiAi:;';;-16 ',~11Ic payment <br />or Ihe note described. II\Id all er Ihi. <br />mortgage, the MortsBSor ' ee all <br />profits, "evcnUCI. royalties/lii t nefits accruing 10 the <br />Mortpaur under any and all oil and gas leases on said premises, <br />with the riahl to receive and receipt for the same Bnd apply them <br />to said indebtedness as well before as after default in the condi- <br />tions of this mortSBge. and the MortSagec may demand, sue for <br />and recoyer any such payments when due and payable, but shall <br />not be required 50 to do. This assignment is to terminate and <br />become null and void upon release of L'tis mortgage. <br /> <br />la wltDaB whereof the Mortgagor(s) ha ve <br />In presence of: <br /> <br />hereunto set <br /> <br />10, That Ihe Mortgagor will keep the building. upon .aid <br />premises in good repair, and neither commit nor permit waste <br />upon said land, nor suffer the said premiscs to be used for any <br />unlawful purposc. <br /> <br />II. That if (he premises, or any pall thereof, be condemned <br />under the power of eminent domain, or acquired for a public <br />use, the damages awarded, (he proceeds for the takins of, or the <br />consideration for such acquisition, to \he extent of the fuU <br />amount of indebtedncss upon this mortgage and the note which it <br />is given to secure remaining unpaid, are hereby assigned by the <br />Mortgagor to the Mortgagee. and shalJ be paid forthwith to said <br />Mortgagee to be applied by the latter on account of the ncxt <br />maturing installments of such indebtedness. <br /> <br />12. The Mortgagor further agrees that should this martgage <br />and the note secured hereby not be eligible for insurance under <br />the National Housing Act within days <br /> <br />from the date hereof (written statement of any officer of the <br /> <br />Department of Housing and Urban Development or authorized <br /> <br />agent of the Secretary of Housing and Urban Development dated <br /> <br />subsequent to the days' time from the date <br />of this mortgage, declining to insure said note and this mortgage, <br />being deemed com:lusive proof of such ineligibility), the Mor- <br />tgagee or holder of the note may, at its option, declare all sums <br />secured hereby immediately due and payable. <br /> <br />13. That if the Mongagor falls 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 asrecments contained in <br />this mortgage, or the note which it secures, then the entire prin- <br />cipal sum and accrued interest shall at once become due and <br />payable, at the election of the Mortgagee; and this mortgage may <br />thereupon be foreclosed immediately for the whole of said <br />money, interest, monthly payments, costs, ground rentl, taxes <br />and Ihe co'1 or e,,,endlng Ihe ab.lracl or litle from Ihe dale or <br />this loan to the time of commencing such foreclosure suit. and a <br />reasonable attorney's fee, all of which shall be included in the <br />decree of foreclosurej and the contract embodied In this mortgage <br />and the note secured hereby, shall in aU respects be governed, <br />construed and adjudged by the laws of Nebraska, where the same <br />Is made. <br /> <br />The covenant. herein contained .hall bind. and Ihe benefilS <br />and advantagcs shall inure to, the respective heirs, executors, ad- <br />ministrators, successors, and assigns of the parties hereto. <br />Whencyer used, the singular number shall include the plural, the <br />plural the singular, and the use of any gender shall include aU <br />genders. <br /> <br />The foregoing conditions, all and singular, beiDS performed ac- <br />cording to their natural and legal import, this conveyance shall <br />be void and said premises released at the expense of the Mon- <br />gagor; otherwise to be and remain in full force and effect. <br /> <br />their hand(s) the day and year rust abovc written. <br /> <br />- ~ B' <br />~.~n~er~ <br />SiA"/J~B' Vumgttd <br />usan an 1~ber <br /> <br />[ScaJ) <br /> <br />[ScaJ) <br /> <br />(ScalI <br /> <br />(ScaJI <br /> <br />[Sull <br /> <br />, HU;~, <br /> <br />Page 30r.. <br />