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L,' <br />wt tbeveort shaN be taken by eminent domain, the Mortgagee <br />iy be paid for any property taken or for damages to proper" <br />its -optlort,';either to a reduction of the indebtedness secured <br />dull ban no obligation, to downy act wbieh the Mortomor <br />iitr -06'moff "on, dull. &dded� to ft'h:d0bkdness; secured .hereby and become subject to the lien hereof. Mortgagee <br />41a shall: <br />snot incturny-paso1w, ty, bicss, <br />of iigtinnE Itritsy do or malt to do hereunder. <br />!- i)efault '4adgmamt of ReatiL Time is of the essence he-of, and upon <br />MOrtfigoes default in any coverusat <br />or ap"mmtotthis mortgage, ineu&n'covenants to pay, when due the sums secuied by this Mortgage, the Mortgages shall <br />be eotitkd, at its sole <br />Op <br />WmaW, witbimt notice, to declare all sums secured by this Mortgage <br />to be immediately due and <br />payable and may commenee, foreclosure of thin Mortgage by, judicial proceedings; and, provided further, that upon such <br />d6bult the Mortgagee, or a receiver appointed by a court may at its option and without regard to the adequacy of the <br />setatrity, enter upon take possessio6w the ,Property,';;,d collect the rents, issues and profits therefrom and apply,tbern <br />Got `to the cost of collection and operation of the Property and then upon the indebtedness secured by " Mortgagee; <br />said reimts; issues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness <br />secured hereby, <br />10. Tjsusfer 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 sums secured by this Mortgage to be Immediately due <br />and payable. <br />11. FVtm Advance. 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, Mortgagee shall discharge this Mortgage and <br />shall execute and deliver a satisfacto:y release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this M�tgage on the 10th day of 1, int, ig 8_. <br />(lKich.rd Martinbz) Boavwer- <br />hJ <br />(Jelinife L. Martinez) -_ Borrower <br />State of Nebraska, ball _.__`County ss: <br />On this 10th —day of Jung 19-8( —, before me, the undersigned, a Notary Public �, <br />J <br />duly commissioned and qualified for said county, personally c2me.._ Richard and Jennifer L. Martinez <br />to me known to be the 1W J\ <br />Identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof X <br />to be their voluntary act and deed. <br />Witness my hand and notarial seal at— Grand Island, Nphrayka <br />in said county, the <br />date aforesaid. <br />4 <br />My Commission expires: 4A <br />THMM lit STARKEY <br />(SPew below Tkis Lim Reverved For Leader mw Recorder) <br />.W. <br />"I <br />i� <br />iV <br />