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r <br />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 />S. Performamce by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />has agreed but fail 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 purposes, 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 />"I 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 />oragreement 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 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 satlsfactmy release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 28 day of May 1986 <br />wedgewood, Inc. <br />Jan'i�e Thayer, President Borrower. <br />State of Nebraska, _— Fla I L ----county ss: <br />On this 28 - day of _ May : 19 86 , before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came Tanri v ThwPr_ Preci dant of <br />wedgewood, Inc —a Nebraska Corporation to me known to be the' <br />_- - -- <br />identical person(s) whose names) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />to be_. her _ voluntary act and deed. y' <br />Witness m hand and notarial seal at Grand Island, NE __in said count th <br />y Y, vl <br />date aforesaid. <br />My Commission <br />\ � MAIIfiE IiAUERT Notary Public <br />c.J <br />No Cww EqL Oct IQ 19196 <br />(SDace Mow- This Line Reserved For Lender and Recorder) <br />Cpl <br />1=' <br />' rV 4.. <br />17 .: <br />:o,at 11 Ifr) 3U;3 Val <br />W <br />a <br />'i <br />s{ <br />