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E <br />IN <br />86--. 10754 ,1 <br />made shall be added to the principal sum owing on the above <br />note, shall be secured hereby, and shall bear interest at the rate <br />set forth in the said note, until paid. <br />7. That the Mortgagor hereby assigns, transfers and sets over <br />to the Mortgagee, to be applied toward the payment of the note <br />and all sums secured hereby in case of a default in the perfor- <br />mance of any of the terms and conditions of this mortgage or the <br />said note, all the rents, revenues and 'income to be derived from <br />the mortgaged premises during such time as the mortgage in- <br />debtedness shall remain unpaid, and the Mortgagee shall have <br />power to appoint any agent or agents it may desire for the pur- <br />pose of repairing said premises and of renting the same and col- <br />lecting the rents, revenues and income, and it may pay out of <br />said incomes all expenses of repairing said premises and necessary <br />commissions and expenses incurred in renting and managing the <br />acme and of collecting rentals therefrom; the balance remaining, <br />if any, to be applied toward the discharge of said mortgage <br />indebtedness. <br />S. That the Mortgagor will keep the improvements now ex- <br />isting or hereafter erected on the mortgaged property, insured as <br />may be required from time to time by the Mortgagee against loss <br />by fire and other hazards, casualties and contingencies in such <br />amounts and for such periods as may be required by the Mort- <br />gagee and will pay promptly, when due, any premiums on such <br />insurance provision for payment of which has not been made <br />hereinbefore. All insurance shall be carried in companies ap- <br />proved by the Mortgagee and the policies and renewals thereof <br />shall be held by the Mortgagee and have attached thereto loss <br />payable clauses in favor of and in form acceptable to the Mor- <br />tgagee. In event of loss Mortgagor will give immediate notice by <br />mail to the Mortgagee, who may make proof of loss if not made <br />promptly by Mortgagor, and each insurance company concerned <br />is hereby authorized and directed to make payment for such loss <br />directly to the Mortgagee instead of to the Mortgagor and the <br />Mortgagee jointly, and the insurance proceeds, or any pan <br />thereof, may be applied by the Mortgagee at its option either to <br />the reduction of the indebtedness hereby secured or to the <br />restoration or repair of the property damaged. In event of <br />foreclosure of this mortgage or other transfer of title to the mor- <br />tgaged property in extinguishment of the indebtedness secured <br />hereby, all right, title and interest of the Mortgagor in and to <br />any insurance policies then in force shall pass to the purchaser or <br />grantee. <br />9. That as additional and collateral security for the payment <br />of the note described, and as sums to became date uodg this <br />mortgage, the Mortgagor hereby assigns to tbt Monsiaget all <br />profits. revenues. royalties. rights and benet4s `t the <br />Mortgagor under any and all oil and gas leases on said premises. <br />with the right to receive and receipt for the same and apply them <br />to said indebtedness as well before as after default in the condi- <br />tions of this mortgage. and the Mortgagee may demand, sue for <br />and recover any such payments when date and payable, but shall <br />not be required so to do. This assignment is to terminate and <br />becane null and void upon release of this mortgage. <br />10. That the Mortgagor will keep the buildings upon said <br />premises in good repair, and neither commit nor permit waste <br />upon said land, not suffer the said premises to be used for any <br />unlawful purpose. <br />11. That if the premises, or any part thereof, be condemned <br />under the power of eminent domain, or acquired for a public <br />use, the damages awarded, the proceeds for the taking of, or the <br />consideration for such acquisition, to the extent of the full <br />amount of indebtedness upon this mortgage and the note which it <br />is given to secure remaining unpaid, are hereby assigned by the <br />Mortgagor to the Mortgagee, and shall be paid forthwith to said <br />Mortgagee to be applied by the latter on account of the next <br />maturing installments of such indebtedness. <br />12. The Mortgagor further agrees that should this mortgage <br />and the note secured hereby not be eligible for insurance under <br />the National Housing Act within 60 days days <br />from the date hereof (written statement of any officer of the <br />Department of Housing and Urban Development or authorized <br />agent of the Secretary of Housing and Urban Development dated <br />subsequent to the 60 days days' time from the date <br />of this mortgage, declining to insure said note and this mortgage, <br />being deemed conclusive proof of such ineligibility), the Mor- <br />tgagee or holder of the note may, at its option, declare all sums <br />secured hereby immediately due and payable. See Below <br />13. That if the Mortgagor fails to make any payments of <br />money when the same become due, or fails to conform to and <br />comply with any of the conditions or agreements contained in <br />this mortgage, or the note which it secures, then the entire prin- <br />cipal sum and accrued interest shall at once become due and <br />payable, at the election of the Mortgagee; and this mortgage may <br />thereupon be foreclosed immediately for the whole of said <br />money, interest. monthly payments, costs, ground rents, taxes <br />and the cost of extending the abstract of title from the date of <br />this loan to the time of commencing such foreclosure suit, and a <br />reasonable attorney's fee, all of which shall be included in the <br />decree of foreclosure; and the contract embodied in this mortgage <br />and the note secured hereby, shall in all respects be governed, <br />construed and adjudged by the laws of Nebraska, where the same <br />is made. <br />The covenants herein contained shall bind, and the benefits <br />and advantages shall inure to, the respective heirs, executors, ad- <br />ministrators. successors, and assigns of the parties hereto. <br />Whenever used, the singular number shall include the plural, the <br />plural the singular, and the use of any gender shall include all <br />genders. <br />The foregoing conditions, all and singular. being performed ac- <br />cording to their natural and legal import, this conveyance shall <br />be void and said premises released at the expense of the Mort- <br />gagor; otherwise to be and remain in full force and effect. <br />In witness wbere►f the Mortgagor(s) ha ve hereunto set thei r hand(s) the day and year first above written. <br />In presence of: Iseall <br />*a This Option may not be exercised by the <br />— =N_'.� <br />�, ; Lie. `-� <br />I Seall <br />mortgagee when the ineligibilty for <br />GERALD Is. <br />ALLBERY V <br />insurance under the National Housing Act <br />!seal! <br />is dux to the mortgagee's failure to <br />f`Ll.� <br />hL <br />ISeall <br />remit the mortgage insurance premium <br />to the Department of Housing and Urban <br />J16LIE R. <br />ALLBERY <br />I.%1111 <br />Oevelatxaent. <br />Pape 3 of 4 <br />In <br />u <br />0 <br />