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7 105064 <br />deoms necestiary to protect the lien hereof. Mortgagor agroe f,; to <br />repay, upor► demand, any sums ,io expended by the Mortgagee: for the <br />above purposes, and any sums €;o expended by the Mortgagee shall <br />be added to the indebtedness secured hereby and become subject to <br />the lien hereof. Mortgagee shall. not incur any personal <br />liability because of anything the Mortgagee may do or omit to do <br />hereunder. <br />7. Default; Assignment of Rents. Time is of the essence <br />hereof, an upon mortgagor's cerault in any covenant or agreement <br />of this Mortgage, including covenants to pay when due the sums <br />secured by this Mortgage, the Mortgagee shall be entitled, at <br />Mortgagee's sole option and without notice, to declare all sums <br />secured by this Mortgage to be immediately due and payable and <br />may commence foreclosure of this Mortgage by judicial. <br />proceedings; and, provided further, that upon such default the <br />Mortgagee, or a receiver appointed by a Court, may, at their <br />option and without regard to the adequacy of the security, enter <br />upon and take possession of the property, collect the rents, <br />issues and profits therefrom and apply them first to the cost of <br />collection and operation of the property and then upon the <br />indebtedness secured by this Mortgage; said rents, issues and <br />profits being assigned to the Mortgagee as further security for <br />the payment of the indebtedness secured hereby. <br />8. Transfer of Property. If all or any part of the <br />property is soU or transferred by the Mortgagor, Mortgagee may, <br />at their sole option, declare all sums secured by this Mortgage <br />to be immediately due and payable. <br />9. Miscellaneous Provisions. <br />A. Any forbearance in exercising any right or remedy <br />shall not be a waiver thereof. <br />B. All remedies provided herein are distinct and <br />cumulative to any other right afforded by law or equity, and may <br />be exercised, concurrently, independently or successively. <br />C. The covenants and agreements contained herein <br />shall bind, and the rights inure to the respective successors, <br />heirs, and assigns of the Mortgagor and the Mortgagee. <br />D. All covenants and agreements of the Mortgagor are <br />joint and several. <br />E. The headings of the paragraphs of this Mortgage <br />are for convenience only and shall not be used to interpret or <br />define the provisions hereof. <br />10. Release. Upon payment of all sums secured by this <br />Mortgage, Mortgagee shall discharge this Mortgage and shall <br />execute and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, the Mortgagor has executed this <br />Mortgage on the 12th day of August, 19$x. <br />AV J DIBBERN �. <br />STATE OF NEBRASKA ) <br />) ss. <br />COUNTY OF HALL ) <br />On the day of 1987, before me, the under- <br />signed Notary Piiblic, pe s y came TIM ANDREW DIBBERN, a <br />single person, to me known o be the identical person whose name <br />is subscribed to the foregoing instrument, as Mortgagor, and he <br />acknowledged the execution thereof to be his voluntary act and <br />deed. <br />Witness my hand and seal the da and year t above <br />written. f <br />N "me "- slot* d% <br />Nt <br />w Fran f4� <br />Notary Pu ►+ e� <br />- 2 <br />