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8 -f- 101078 any appropriate legal action including foreclosure proceedings upon this Mortgage. Any forbearance by Mortgagee herein in exercising any right or remedy herein, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Mortgagee shall not be a waiver of Mortgagee's right to accelerate the maturity of the indebtedness secured by this Mortgage. IT IS FURTHER AGREED that the Mortgagors covenant that they will not merge or consolidate with or into, sell, lease or otherwise dispose of any of their real properties described herein (except as expressly permitted in this Mortgage) without the written consent of the Mortgagee and anytime subsequent to such merger, consolidation, sale (including land contract sale), lease or other disposition without the consent of Mortgagee, the Mortgagee may at its option declare the unpaid principal balance immediately due and payable together with accrued interest and late charges, whether or not any default exists. The covenant in this paragraph shall run with the land comprising the real estate described herein and shall remain in full force and effect until the Note is liquidated. Any purchaser or transferee of the real estate described herein or any part thereof shall be deemed to have assumed and agreed to the indebtedness owing the Mortgagee whether or not the conveying instrument provides for such assumption. Mortgagee may, without notice to the Mortgagors, deal with such new owner or transferee in the same manner as with Mortgagors without in any way discharging or releasing Mortgagors' liability under the Note and this Mortgage. IT IS FURTHER AGREED that for the purpose of furnishing further security for the debt secured hereby, Mortgagors do hereby assign, transfer and set over to Mortgagee, to be applied toward payment of the Note and all other sums secured hereby, in case of default in the performance of any of the terms and conditions of this Mortgage, or the Mote secured by this Mortgage, or the terms of any indebtedness, all the rents, revenues and incomes to be derived €roe the mortgaged premises during such time as the Mortgage indebtedness shall remain unpaid; and the Mortgagee shall have the power to appoint any agent or agents it may desire for the purpose of repairing the premises and of renting the same and collecting the rents, revenues and income, and it may pay out of such income all expenses of repairing the premises and necessary commissions and expense=_ incurred in renting and managing the same and of the payment of insurance premiums and of collecting rentals therefrom, and the balance remaini-ng, if any-, to be applied toward the discharge of the Mortgage indebtedness- Signed this sty day of , 1987- - r DONALD W. FISCHER IL M. FI v STATE OF NEBRASKA) SS_ OFfNTY OF On this day of 1387, before me, the undersigned, a Notary Public, duly .:rissioned and qualified in Douglas County, Nebraska; personally came DONALD W. FISCHER, and MARILYN M. FISCHER, Husband and Wife, known to me to be the identical persons whose names are subscribed to the foregoing instrument, and acknowledged the execution thereof to be their voluntary act. Witness my hand and Notarial seal this ' -.17 day of 1987. *O a "a Notary Public My commission expires on the " � day of __1