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7. Condemnation. In the event the Property, or any part then-of. shall be taken by eatinent domain, the Mortgagee <br />is empowered to collect and receive compensation which may be paid for any property taken or for damages to property <br />not token, and Mortgagee shill 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 />b. Padannance by Mortgagee. Mortgagee may, but shall have no obligation, to do.any act which the MortVAM <br />has agaeed but fails to do, and Mcotgape may also do any act it deems necessary to protect the lien hereof. Mortgogor <br />agrees to repay, upon demand, any sutra so expended by the Mortgagee for the above purposes, and ray surds so expended <br />by the Mortgagee shall be added to the :indebtedness secured hereby and become sntbjeet to the lien hereof. Mortgagee <br />skull not incur any personal liability 'because of anything it may 'doter oath to do bereunilm <br />9. Default; \sigaragntt 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 sutras secured by this Mortgage to be immeeiLfftely dire and <br />payable and may commence foreclosure of this Mortgage by judicial prooredings; and, provided further, that tyro+ such <br />de&nit the Mortgagee, or a receiver appokated by a court, may at its option and without regard to the adequacy of the <br />security, eater upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them <br />first to the cot 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 />1U. Transfer of Property. If all or any part of the Property is sold or transferred without the express written cwn- <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 forehearance in exercising any right or remedy shall not be a waiver thereof. <br />lb) 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 />successors and assigns of the Mortgagor and the Mortgagee. <br />id) All covenants and agreements of the Mortgagor are joint and several. <br />le) 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 satisfncto��y release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the Qrdday of OctoCser <br />-- wry J J C , r <br />J aril f . Hoch Soaower <br />Hal I <br />State of Nebraska. County ss: <br />On this - -fired __.__ day' of ._ �t Cd I 19 �;y, before me, the undersigned, a Notary Public <br />lair commissioned and qualified for said county, personally came <br />llar.ry A. Hoch, Jr. and Jane C. Hoch, <br />Husband and Wife _ _ !_ _. - - -- to me known to he the <br />identical personas) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />his and ties <br />to be _�_ _.._ voluntary act and deed. <br />Witlset,s my hand and notarial seal at . _ Grand Island, Nebraska � in said county, the <br />date aforesaid . <br />My commission ex LA/kXJ - - - -- <br />�• Notrry ruLllc <br />' 3 <br />.,, <br />(ypace pdnw 7'111s Wn® rLeNtrvrd Foe l.ende:r and Fteootder) <br />IL <br />cot <br />, <br />tits, <br />