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Form *797 MORTGAGE S7®, 100467 r THIS MORTGAGE, made this 29th day of Dew , 19 86 , by and between (;NM Pl PERSON and CINDY Pte, herein called the "Mortgagor," whose mailing address is 128 Moramtent Road, Doniphert, Nebraska, 68832 tttod Professional. Corporation of Oral & Mwdllofacial Surgery, a Nebraska Professional Corporation, herein called the "Mortgagee." WiTNESSETH: that Mortgagor, in consideration of the sum of Sixty Five Thousand & no /100 Dollars ($65,000.00) Dollars loaned by Mortgagee to Mortgagor, the receipt of which is hereby acknowledged, and to secure the repayment of said principal sum and interest thereon according to the terms of that certain promissory note of the same date in said principal amount made by Mortgagor, payable to the order of Mortgagee in installments as therein provided with the balance of said principal and interest maturing on the 29th day of December 19 96 ,-and to secure the faithful performance of the covenants and agreements herein contained and contained in any other securing agreement now or hereafter given in connection with said loan, has granted, bargained, sold and conveyed, and by these, presents, does grant, bargain, sell and convey unto Mortgagee, its successors and assigns, for- ever, the following described real estate (the "Premises "): Lot Ten (10), Amick Acres, Third (3rd) Subdivision, County of Hall, State of Nebraska TOGETHER with all appurtenances thereunto belonging or hereafter appertaining, all homestead and exemption rights, any other claim at law or equity, as well as any after acquired title; and TOGETHER with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures thereof, including, but not limited to, all gas and electric fixtures, beaters, furnaces, heating equipment, air conditioning and ventilating equipment, laundry equipment, stoves, ranges, motors, plumbing fixtures, cabinets, refrigerators, incinerators, call systems and components thereof, communication systems and components thereof, sound and music distribution systems, fire prevention and extinguishing apparatus, water heating and oondi- tioning equipment, carpets, and all other fixtures and furnishings, and all renewals or replacements thereof to the extent deemed bylaw to be fixtures and made a part of the realty; and TOGETHER with all awards or payments accepted in lieu thereof, including interest thereon, and the right to receive the same, which may be made with respect to the premises, or any appurtenance thereof, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to or decrease in the value of the premises, all of which are hereby assigned to Mortgagee by Mortgagor, to the extent of all amounts secured by this mortgage at the date of receipt of such award or payment by Mortgagor, and of reasonable counsel fees, costs and disbursements incurred by Mortgagee in connection with the enforcement of this assignment and the right to and the collection of any such award or payment. Mortgagor agrees to execute and deliver, from time to time, such further in- struments as may be requested by,Mortgagee to confirm the aforesaid assignment to Mortgagee of any such award or payment. As further security for the payment of all amounts secured by this mortgage and the performance of Mortgagor's obliga- tions, covenants and agreements herein contained or secured, Mortgagor hereby transfers, sets over and assigns to Mort- gagee all the rents, issues, and profits of and from the premises, from time to time accruing, whether under leases or ten- ancies. now existing or hereafter created, provided, however, that Mortgagor hereby reserves the right to receive and retain all such rents, issues and profits so long as there is no default under the terms of this mortgage, the note secured hereby or any other securing agreement now or hereafter given in connection with this loan. TO HAVE AND TO HOLD the same unto Mortgagee, its successors and assigns, forever, for the uses and purposes herein provided, Moreover, Mortgagor hereby. covenants and agrees with Mortgagee, its successors and assigns: 1. That Mortgagor is lawfully seized of the premises in fee simple, has good right and lawful authority to mortgage and convey the same aced wilt warrant and defend the title thereto; and that the lien created by this instrument is a first and pnor liea on the promises. Mortgagor shall keep the premises free from all other Liens and security interests of every kind and will protect the title and possession of the premises so that the lien of this mortgage shall be a first lien thereon until all amounts hereby secured shat! be paid in full, or if foreclosure sale be had hereunder, that the purchaser at said sde shall acquire good title in fee simple to said premises clear of any encumbrance. 2. To pay forthwith all taxes, assessments and public charges, general and special, now existing against the premises and improvements, and the indebtedness hereby secured, and to pay before they become delinquent, all taxes, assess- ments and public charges, general and special, hereafter levied or assessed thereon. 3. To keep the improvements and fixtures now located or hereafter erected or placed on the premises constantly insured in companies satisfactory to Mortgagee until all sums hereby secured be fully paid, against loss by fire, wind storm or any other casualty requested by Mortgagee with all such insurance being in such amounts and on such terms as Mort- gagee may from time to time require, and to keep all policies of insurance constantly assigned, pledged and delivered to Mortgagee and the amounts of all such insurance made available to Mortgagee, its successors or assigns, to further secure the sums bereiabefore described. In the event of loss, Mortgagor will give immediate notice by mail to Mort - gagee, who is hereby authorized and empowered to make proof of loss if same not be made promptly by Mortgagor, and each insurance company concerned is hereby authorized and directed to make payments for such loss directly to Mort- gagee, instead of to Mortgagor and the Mortgagee jointly, and the insurance proceeds, to the extent required, shall be applied, at the option of Mortgagee, in restoration and repair of the property damaged and any insurance proceeds re- maining after completion of such restoration and repair shall be applied in reduction of the sums hereby secured; or the t`'\ entire sum may be applied, at Mortgagee's option, to the reduction of the indebtedness hereby secured. Until the sums secured by this mortgage are fully paid, Mortgagor shall not permit any insurance to be cancelled or to expire, unless, in each instance, new or replacement policies acceptable to Mortgagee, fully paid for, have been delivered to Mortgagee at least ten (10) days prior to cancellation or expiration and in the event of foreclosure hereunder, all title and interest of the Mortgagor in and to all policies or insurance then in force upon the premises and improvements, and any refund of any premium therefor, shall pass to the purchaser at such foreclosure sate. )tpv. 1/73 1