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7. Condemnation. In the event the Property, orany part thereof, shall be taken by eminent domain,the Mortgagee is empowered to collect and receive all compensation which may be paid for any property taken or for damages to property not taken, and Mortgagee shall apply such compensation at its opii on, `cither to a reduction of the indebtedness secured hereby or to repair and restore the property so damaged. 8. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the ortgagor has agreed but fails to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof Mortgagee shall not incur any personal liability because of anything it may do or omit to do hereunder. 9. Default- Assignment of Rents `nine is of the essence hereof, and upon Mortgagoes default in any covenant oragreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage;- the ,Mortgagee shad. be. entitled, at its sole option :and without notice, to declare all sums secured by This Mortgage to be humedllately due and payable and may commence foreclosure of this Mortgage _ by judicial proceedings; and, provided further, that ripaa such default the Mortgagee, or a recetver appointed by a court, may at its option and without regard. to the ii&quacy of the security, enter upon and take possession of the Property and coltect the rents, issues and profits thereiroin and apply them first to the cost of collection and operation of the Property and then upon the indebtedness secured by this - said rents, issues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness secured hereby. 10. Transfer of Property. If all or any part of the Property is sold or transferred without `.he express written con- sent of the Mortgagee, Mortgagee may at its sole option, .declare all sums secured by this Mortgage to be iarmei0a€ely due . and payable. 11: Future Advances. Upon request of Mortgagor, Mortgagee may make additional and future advances to Mortgagor. Such advances, with interest thereon, shall be secured by this Mortgage when evidenced byy promissory notes stating that said notes are secured hereby. At no time. shall the principal amount of the indebtedness secured by this Mortgage, not including sums advanced to protect the.-seeurity of this Mortgage, exceed the original Note. 11 Miscellaneous Provisions, (a) Any forebearance in exercising arty right or remedy shall not be a waiver thereof. (b) Ali remedies provided herein are distinct and cumulative to any other right afforded by law or equity, ` and maybe exercised concurrently, independently= or successively. : (c). The covenants and. agreements,contair" herein shah bind, and the rights inure to, the respective successors and assigns of the Mortgagor and the Mortg;3Ve (d) All covenants and agreements of the Mortgagor are point and.several_ (e) The headings of the paragraphs of this Mortgage are for convenience only and shall not be used to inter- pret or define' the provoons hurt 13_ Release. Upon payment of all sums secured by this Mortgage. Mortgagee shall discharge this Mortgage and shall execute and deliver a satisfactoit release therefor, - Mortgagor gage on the 9 day of Sept. x 198-6- IN WITNESS t'Yi3ERE{iF, Morf executed this Mort mot El lenwood }:4 Jif LL € 1 ! (Pamela S. Ellenwood) $fate of Nebraska, Ha 11 county ss: On this _ 9th day of Sept mhp t r __, 19BL— before me, the undersigned, a Notary Public duly commissioned and qualified for said county, personally came Tilliothy T Eilenwood and Pamela S. Ellenwood to me known to be the identical person(s) whose name(s) are subscribed to the foregoing instrument and arknowledged the execution thereof lobe_ their voluntary act and deed: Witness my hand and notarial seal at Grand Island NE � date aforesaid. sn said rountr, the I+Qy Commission expires- f '� • �► 16 r ;., a sa a d