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87103577
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87103577
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Last modified
10/19/2011 8:26:55 AM
Creation date
3/27/2008 2:25:16 PM
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DEEDS
Inst Number
87103577
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7. Condemnation. In the event the Property, or any part thereof, shall taken by em;aeilt domain, the Mort, <br />agee <br />is empowered to collect and receive all compensation which may be paid for any property taken or for damages to property <br />not taken, and Mortgagee shall apply Such compensation, at its option, either to a -reduction of the indebtedness secured <br />hereby or to repair and restore the property so damaged. <br />8. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />has agreed but fails to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor <br />agrees to repay, upon demand, any sums co expended by the Mortgagee for the above purposes, and any sums so expended <br />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee - <br />shall not incur any personal liability because of anything it may do or omit to do hereunder. <br />9. Default; Assignment of Rents, Time is of the essence hereof, and upon Mortgagor's default in any covenant <br />oragreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee shall <br />be entitled, at its sole option and without 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; and, provided further, that upon such <br />default the Mortgagee, or a receiver 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, issues and profits therefrom and apply them <br />first to the cost of collection and operation of the Property and then upon the indebtedness secured by this Mortgagee; <br />said rents, issues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness <br />secured hereby. <br />10. Transfer of Property. If all or any part of the Property is sold or transferred without the express written con- <br />sent of the Mortgagee, Mortgagee may at its sole option, declare all sums secured by this Mortgage to be immediately due <br />and payable. <br />11. Future Advances. Upon request of Mortgagor, Mortgagee may make additional and future advances to <br />Mortgagor. Such advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes <br />stating that said notes are secured hereby- At no time shall the principal amount of the indebtedness secured by this <br />Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. <br />ppp 12. MiF-sztraneous Provisions. <br />(a) Any forebearance in exercising any right or remedy shall not be a waiver thereof. <br />(b) All remedies provided herein are distinct and cumulative to any other right afforded by law or equity, <br />and may be exercised _oncurrently, independently or successively. <br />(c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective <br />successor; and assigns of the Mortgagor and the Mortgagee. <br />(d) All covenants and agreements of the Mortgagor are joint and several. <br />(e) The headings of the paragraphs of this Mortgage are for convenience only and shall not be used to inter - <br />pret or define the provisions hereof. <br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shalt discharge this Mortgage and <br />shall execute and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF. Mortgagor has executed this Mortgage on the 100 day "ofB June 19 87. <br />Bo;rower <br />aorrower <br />State of Nebraska, Hall County ss: <br />On this 10 day of June 19_$Z, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personalty came Stanley I Roach anti Kathryn D Ro ^chr <br />Husband and Wife to me known to be the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />,1 <br />to be tnet "r voluntary act and deed. <br />Witness my hand and notarial seal at Grand Island. Nebraska _in said county, the <br />date aforesaid. <br />S - My Commission expires; <br />_ - - !t_ Public <br />- (Space Below This Line Res ed For Lender and Recorder) <br />_ J <br />m J - V, <br />fM <br />NnL: (nee l:Fi)3na 'l;tin"} <br />
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