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87104086
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Last modified
10/19/2011 9:35:28 AM
Creation date
3/27/2008 2:31:42 PM
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DEEDS
Inst Number
87104086
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7. tnandemnation. In the event the Property, or any part thereof, shall be taken by eminent domain, the Mo <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 />A. 11torformance, by Mortppw. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />has speed but fatlls to do, and Mortgagee may alas do any act It deems necessary to protect the lien haroof. M~r <br />to repay, upon demand, any sums so expended by the Mortlingto for the above purposes, and any suns so expended <br />by the Mortgagee "I be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgailess <br />shall not incur any personal liability because of anything it may do or omit to do hereunder. <br />9. Default; Assignmanit of Rwills. Time Is of 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 by this Mortgage, the Mort 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 repM 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. It 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 />12. Miscellaneous Provisions. <br />(a) Any ferebearance 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 concurrently, independently or successively. <br />(c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective <br />successors 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 shall discharge this Mortgage and <br />shall execute and deliver a satisfactoiy release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 7th day of July , 19 M_ <br />(Leo D. Starner) Mi1O -". <br />dL <br />- -_ o L_ ' )fze2r_ Y',G � <br />(Jody LJ_ Starner) Borrower <br />State of Nebraska, Hall --_---_.------county ss: <br />� <br />On this 7th _day of July 19BZ__, before me, the undersigned, a Notary Public <br />1 <br />may` <br />duly commissioned and qualified for said county, personally came _Lan D _ Stamm and Iruly I _ Starryar. X <br />J <br />hushand and wife to me known to be the y V <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof �} <br />to be their --voluntary act and deed. <br />rY ' <br />Witness my hand and notarial seat at errand lslapd. Nebraska in said county, the1�' � a <br />date aforesaid . <br />y Commission expires `b <br />v i <br />iQr Public: <br />k <br />(Seace Below This Line Reserved For Loader and Recorder) °— <br />Cam: <br />tq <br />
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