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7. Condemnatim in the event the Property, or any part thereof, shall be taken by eminent domain,the Mort #W <br />isesspowered to collect and receive all compensation which may be paid for any property taken or for damaps to property <br />not taken, aid Mortgagee shalt apply such compeastttion, at its option, either to a reduction of the Indebtedness secured <br />hereby or to repair and restore the property so damaged. <br />S. PWarraance by Mortgagee. Mortgagee may, but shall have no obligation, to do any ad which the Mortgagor <br />has agreed but fibs to do, and Mortgagee may am do any act It deems necessary to protect the lien hereof. Mortgagor <br />agmes to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sutra so expended <br />by the Mortgagee shag be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgages <br />AM rot incur any personal liability because of anything it may do or omit to do hereunder. <br />9. Default; Amignment of Reefs. 71me is of the essence hereof, and upon Mortgagor's default in any tovemnt <br />oragreemeetof 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 Properly 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 secunty 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 am 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 bond, and the rights inure to, the respective <br />successors and assign.% of the 'Mortgagor and the Mortgagee. <br />(d) All covenants and agreements of the Mortgagor are )omt and several. <br />(e) The headings of the paragraphs of tht% Mortgage are for convenience only and shall not be used to inter- <br />pret or define the provu[ons hereof. <br />13. Release. Upon payment of ali sums secured toy this Mortgage, Mortgagee shall discharge this Mortgage and <br />shall execute and delivers satosfacto.y release therefor <br />IN WITNESS WHEREOF, Mortgagor has executed thiss Mortgageon the _-!.P-tdav of _Qtober _, 19 86 <br />0 ' d De1,11rik <br />(Na cf[ y J. n ) <br />State of Nebraska, _ Hst31 .. _. _ -..___ -_ -_ County ss: <br />On this _, -_t.__ _._ - day of _ Oct ,oI— L_______.__, 19 -Er,-. before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county. personally came —J2 11 , d Dean 1Jnken rd <br />Nancy J. Emken ---- , to me known to be the, <br />identical person(s) whose names) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />to be _______. __ voluntary act and deed. o <br />Witness my hand and notarial seal at.- .. - G_Xat1._�s:53, in said county, the - <br />date aforesaid . <br />My commission expires: <br />?iotary Pubtte <br />� a <br />c.) <br />_ -_. (3Pace Re[ow This t.1ne Reserved Yor Lender and Reaorderl _— __ - -_- <br />~ <br />cm <br />j <br />L <br />Ito 's <br />w cc <br />i <br />C <br />NSC 1069IND303 VIa <br />