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r <br />7. Condemnation. In the event the Property, orany part thereof, shall betaken by eminent domain,the Mortgagee <br />is empowered to collect and receive all compensation which maybe 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 />8. Performance 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 deems necessary to protect the lien hereof. Mortgagor <br />agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposoa, and any sums so expended <br />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee <br />shall not incur any 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 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. 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. Future Advances. Upon request of Mortgagor, Mortgagee may make additional and future advances to <br />Mortgagor. Such advances, with interest thereon, shall he 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 -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 />(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 his executed this Mortgage on the- 18 day of June , 19 8x. <br />(Steven R. Stdtzman) Bo.rawer <br />J I2 Stutzman�'' Borrow-er_„ <br />State of Nebraska, Hall — _____— __County ss: <br />On this _I R day of ._— �uae 19 _.SjE,_, before me, the undersigned, a Notary Public `- <br />duly commissioned and qualified for said county, personally came <br />Steven R. S man and 1_> 1 e g. St ,tt man to me known to be the i <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof' <br />to be hhe 1 r voluntary act and deed. <br />Witness my hand and notarial seal at -- Grand lsland. NE __— ___,__ in said county, the <br />date aforesaid. <br />My Commission eypires: <br />^� <br />_ <br />.���. ��falMarMtilalYa Notary Public <br />F. Lllf/t <br />46JON <br />V# t) m Eq. J* 11, I= <br />- - -- (Space Below This Line Reserved For Lender and Recorder) --------------------- <br />ay <br />;Z. <br />E_.. ... <br />w <br />ti[u; 6tHif�ir:U aO;i !do _ <br />