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85000427
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85000427
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Last modified
10/17/2011 3:52:09 PM
Creation date
4/1/2008 3:47:38 PM
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DEEDS
Inst Number
85000427
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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 />i B. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />t 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 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 />sbali not incur any personal liability because of anything it may do or omit to do hereunder. <br />IN <br />E <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 cwt 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 />fill All covenants and agreements of the Mortgagor are joint and several. <br />fel The headings of the paragraphs of this Mortgage are for convenience only and shall not he used to inter- <br />pret or define the provisions hereof. <br />13. Release. I pon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />I execute and deliver a satisfacto.-v release therefor. <br />IN WITNESS WHEREOF. Mortgagor has executed this Mortgage on the .2540day of __ JM111i= 19 _�O_. <br />STATE OF NEBRASKA, COUNTY OF _._.1�a11_�__._. ) so: <br />The bregom® Instrument was acknowledged before me thls._A__Jtll day of imivaiN by <br />Vincent L. Wfifidingtnd Etotx.rt Hindmirl <br />. 11.98 MY commission expires N�V�mbOI <br />% vo <br />1�1B1��iMetrBMwsls <br />STATE OF NEBRASKA, COUNTY OF _.e ...... ... ....._.___�.___._) as: <br />The foregoing Instrument was acknowledged before me this , day of ._ by <br />a - ._r_- ._ ___. -__. - Corporation, on bnhalf of the Corporation <br />My commosslon expires'. _.___.. ....... _. __..._._..__. <br />14M lori, <br />CC <br />A <br />1� <br />i <br />f$g <br />v <br />Pna j <br />
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