|
7. Condemnatmn. In the event the Property, orany part thereof, shaft 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 has Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor
<br />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 Mort
<br />oragreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgagor's default to any covenant
<br />be entitled, at its sole option anti without notice, to declare all sums secured by this Mort Mortgage, the Mortgagee shall
<br />payable and may commence foreclosure of this Mortgage Mortgage be Immediaixly due an
<br />default the Mortgagee, or a receiver a g ge by judicial proceedings; and, provided further, that upon such
<br />f
<br />security, u appointed by a court, may at its option and without regard to the adequacy of the
<br />ty, 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, rues 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 cumulati.c 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 />(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 1st day of - npzi i _
<br />Essi.nk Br thers Dr wall`Inc� -- •19�.
<br />Bmrower-
<br />aoerower
<br />State of Nebraska, 1idii_,___ ---.._Count
<br />y ss:
<br />On this __isL_ _ day of _ t
<br />i 19.8,5_,, before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personally came _
<br />to me known to Identical personis) whose namc(s) are subscribed to the foregoing instrument and acknowledged the execution the v the
<br />to be - -- _..__..____ voluntary act and deed.
<br />A
<br />Wetness my hand and notarial Taal at.__—Ii�I yam_ G> an �.IslaAai,_.11is _._....__._ in said county, the',
<br />date aforesaid . dlwMtt NNMIr -gMta ai rtltasMa
<br />MY Commiiisiq* expires: AL STARKEtI \
<br />Co va
<br />-N Barr P.Me \y
<br />"__ -.'6t` Aa •Aetow This Line Reserved For Lender and aeooeder)
<br />1,
<br />.0
<br />CCP
<br />i.
<br />t:.
<br />44
<br />tint; ICd rMi)3i78 Darr
<br />7
<br />
|