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7. Condeemaillon. In the event the Property, or any part thereof, shall betaken by eminent domain, the Mortgagee _ <br />I% empowered to collect and receive all compensation which may be paid for any property taken or for damages to property <br />not taken, and 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 />& hdarmanice by Mortgagee. Mortgagee may, but shall have no obligation, to do any,act which the Mo <br />has speed but fidis to do, and Mortgagee may also do any act It deems necessary to protect the lien hereof, Martppir <br />apaes to repay, upom demand, any sums so expended by the Mortgagee for the above purposes, and any suns so expended <br />by the shall he added to the indebtedness secured hereby and become subject to the lion hereof, Mortgagee <br />shalt not incur any personal liability because of anything it may do or omit to do hereunder, <br />8. Default; Assignment of Rents. 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, Ow 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. 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 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 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 />s, <br />(e) The headings of the paragraphs of this Mortgage are for convenience only and shall not be used to inter- s <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 satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 24thlay of August _,19 87 <br />�? tic r �. 1 W a,Aihcl r D/(� <br />Clemence P. Wieczorek :rower• <br />Barbara M. Wieczorek 0 Borrower <br />State of Nebraska, Hall County ss: <br />On this 24th day of August 1987__, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came Clemence P. Wieczorek and <br />Barbara M. Wieczorek p <br />to me known to be th `b <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />V <br />to be their voluntary act and deed. V <br />Witness my hand and notarial seal at Grand Island, Nebraska in sold county, the b <br />date aforesaid. �a <br />AWNEL 4� Com�/7.f�r Lrl L� �YGL,/rhd c t� <br />:.. ktl am 13R lyt 23, lea. Notary Pubnc <br />r 1� <br />(space Below This Line Reserved For Lender and Recorder) <br />Lla) <br />St <br />..a,e <br />NBC, 1 , - IND 303 sm `� <br />