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7. Condemnation. In the event the Property, or any part thereof, shall be taken by eminent domain, the Mortgagee
<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 />& Parhmnance 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 deerns necessary to protect the lien hereof. Mortgagor
<br />agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended
<br />by the Mortgagee Mall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee
<br />shall not incur joy 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 />or agreement 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 rent:, issues and profits therefrom and apply them
<br />fiat 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 sutras secured by this Mortgage to be immediately due
<br />and payable.
<br />11. Future Advantes. 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 />11 Miscellaneous Provisions.
<br />(ai 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 --oneurrently, independently or successively.
<br />fcl 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 satisfactory release therefor.
<br />IN WITtiESS WHEREOF, Mortgagor has executed "this :Mortgage on the day of�T)ecErnber 19 s`'_.
<br />E' • A 1 ner Bo.rower,
<br />Borrower
<br />State of ebraska, ilall___..______---- •- --- - -- — County ss:
<br />On this ^1-st _____ day of -_ D(- cember 19 85 • before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county', personally came
<br />Jeri -y J. Milner
<br />to me known to he the
<br />identical person(s) whose name(s) are subscribed io the foregoing instrument and acknowledged the execution thereof
<br />to be his _ voluntary act and deed.
<br />Witness. my Island, Ncibraska in said county, the ,Witness. my hand and notarial seal at._,�� -..-- -- .---- - - - - -- - �'�
<br />datt aforesaid .
<br />My Commission expires:
<br />(a Notary Public
<br />4sp+.cr Mow This Idne Reserved For Lendrr, and Recorder)
<br />R,..
<br />ww< :r»,n i� :tr :oo5d .art
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