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7. Condemnation. In the event the Property, or any part thereof, shall he 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 />3. 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 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 are distinct and cumulative to any other right afforded by law or equity,
<br />and may be exercised -oneurrently, 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 />fd) All covenants and agreements of the Mortgagor are joint and several.
<br />(e) The headings of the paragraphs of this Mortgage are for convenience onlp and shall net he 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 satisfacto,y release therefor.
<br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the._1 day of
<br />(Robert K. Poland) ^po.rower,
<br />i - rorrower
<br />(Jud t,h K. Poland)
<br />State of Nebraska. _... H a 1.L .-_.. _ County ss:
<br />On this_.._.._�.4t•)a_ _.day of _ T,e- br?tary__. . 19_.8`__, before me. the undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personally carne __- .j. >n_j t I .__ $_._. .' y.lc1I1d _U:l11
<br />'c, l.an:s
<br />_.._._.__ _.___._.. - .._._... , to me known to he the
<br />identical persrm(s) whose• name(s) are subscribed to the foregoing instrument and acknowledged the execution theretif
<br />to be _.`e_!�,; -_... ____._ ._. -._ voluntary act and deed.
<br />Witn€ as my hand and notarial seal at .Irt +- .)t::G -. 1' r1 t. _.N in said county, the
<br />date aforesaid.
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