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cos ssagoal In the mat Cho Property, orany part thereof, shall be taken by eminent domain, the Mortgagee <br />red to collect and receive all compensation which may be paid for any property taken or for damages to property <br />amp shall apply anch' eompemwbion, at its option, either to a reduction of the indebtedness secured <br />to �repafr and=restore`the property 26 damaged <br />i?etformnanea by MaRia/ae• Mortpre, may, but shall have no obligation, to do any act which the Mortgagor <br />but talk fordo, and Mortgagee <br />may also do any act It deems necessary to protect the lien hereof. Mortgagor <br />spay, upon dim' and, any sums so expended by the Mortgagee for the above purposes, and any sums so expended <br />AP00` shall be added to the indebtedness secured hereby and become sub*t to the Gen hereof. Mortgagee <br />cur any, era'" liability because of anything it may do or omit to do hereunder. <br />Default; Assignment of Rents. Time Is of the essence hereof, and, u <br />at of this Mortgage, includin covenants to secured Mortgagor's default in any covenant <br />g .pay when due the sums secured by this Mortgage, the Mortgagee shall <br />, at its sole option and without,notice, to declare all sums secured by this Mortgage to be immediately due and <br />d may commence foreclosure of this Mortgage by judicial procei- dings; and, provided further, that upon such <br />Mortgagee, or a receiver appointed by a court, may at its option and without regard- to the adequacy- of the <br />Iter upon and take poesession of the Property and collect the rents, issues and profits therefrom and apply them <br />cost of collection and operation of the Property and then upon the indebtedness secured by this Mortgagee; <br />issues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness <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 />(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, Mort gagee 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 6 Jh day of January 19 86 <br />(Herbert V. Roese ) Bo.ro.er- <br />(Emelie Roeser) Borro..er <br />State of Nebraska, ra a I 1 County ss: <br />6th January 86 <br />On rare day of 19_, before me, the undersigned, a Notary Public, <br />duly commissioned and qualified for said county, personally came Harhor r Rna co r a nd Rmp I ; A <br />Ropsor, H r band and Wife to me known to be the <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 />Witness my hand and notarial seal at Grand T sl- ilebr 5' a in said county, the v <br />date aforesaid. <br />My Commission expires. $10ANamaar - Slat e W ssWaste <br />JON R t.IJEBS 7� � <br />aM. 4p,1w 1J, ilgli Notarr Public \ <br />t7 (Space Below This Line Reserved For Lander and Recorder) - <br />`� <br />r_, <br />i�. <br />U. <br />w rci <br />rl <br />L2 <br />a <br />1 <br />a -- <br />QD <br />r- <br />eu <br />NBC. 1066 IND 303 *1181) <br />