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. <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 />8. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />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 />shall 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 arc 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 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 satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the — 7thday of February 19 <br />( JACK D. WIESE) Bo,rowu <br />( BEATRICE L. WIESE) aar:owea <br />State of Nebraska, _ _3Ii__ ^ -- ' - - -._ -- County as: <br />On this t'. I _day o[ ..__ —�,c' b t'Ua ry 19 _-�f before me, the undersigned, a Notary Public <br />duty commissioned and qualified for said county, personally came J a c k D 3 nd 13na t) i <br />Wiese <br />to known identical persons) whose name(s) are subscribed to the foregoing instrument and acknowledged the me <br />execut on dhreof <br />to be t 1lel. r� voluntary act and deed. <br />Witness my hand and notarial )teal at...___� GYaand I lands Nebr a ,k2 <br />date aforesaid. -- in said county, the <br />gf>1NMt MIfiMl1'ihtNaitNi�la <br />MY Com ' on expires: THERE411 STARKEY <br />va �, frtalal EI�IMMNlt,l8s7 -Al <br />�; Id 1'ubnc <br />a <br />°•,?^`:?-°•-�la6ece Below This Lille Reserved For Lender ®nd Reeorder) <br />11W 1fMA IND304 /,ell <br />�S <br />�i <br />2 <br />�a <br />J <br />u) 1 <br />L t„ <br />y,:s <br />11W 1fMA IND304 /,ell <br />�S <br />�i <br />2 <br />�a <br />J <br />