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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 />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 />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 ant, profits being assigned to the Mortgagee as further security for the payment of the indebtedness <br />secured i.ereby. <br />10. Transfer of Property, If all or any part of the Property <br />and payable. is sold or transferred without the express written con- <br />sent of the Mortgagee, MMortgagee may at its sole option, declare al{ sums secured by this Mortgage to be immediately due <br />11. Future Advances. k'pon request. of Mortgagor. Mortgagee may make additional and future advances to <br />en evidenced by promissory notes <br />Mortgagor. Such adeances, with interest thereon. shall be secure-,! by this Mortgage when <br />stating that said notes are secured hervby.:xt 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 forebearanc•e its cxcrcising anl, right or remedy shall not be a waiver thereof. <br />(b) All remedies provided herein art distinct and cumulative to any other right afforded by law or equity, <br />and tnay ht• c,xe•rc °ia d oncurrentl} 3ndependentl} or successively. <br />(cI The eovenanwt and agree=,7tent.� contained herein shall bind, and the rights inure to, the respective <br />successors and assign., of the Mortgagor and the Mortgagee. <br />((I) All rovetlartts and agreements of the Mortgagor are joint and several. <br />(e) 'i'he heading• of ttie paragraph,, cif Ihi, Mortgage• are for convenience only and shall not be used to inter- <br />pret or define 1114, provisioris hereof. <br />13. Release. Upon paynu itt of, at) surtts %crured by this 'Mortgage. Mortgagee shall discharge this Mortgage and <br />shall execute and deliver a satisfacto,c release therefor. <br />IN WITNESS «NN:ItE:O1�. Mortgagor ltas executed this '.Mortgage on the. -23_ day of 19 Ai <br />(reerick W. p- - -- <br />80.rowerr- <br />(Patricia K. llotz) ^� - -- — - Borrower <br />State of Nebraska, fla 11 <br />_ __ _ _County ss: <br />On this . _2 3 i; d._ .. d;ty of _ A 1 1, <br />191.5.___, before me, the undersigned, a Notary Public <br />duly rornmissioned and e)ualifie d for said county, personally came FrE'C E'.T -ck_. W..._._liOt.z awt?d <br />P�3tricia K. Elotz _ <br />to me known to be the <br />identical prraon(s) whose etarnc(s) are auhx•ribed Lo l.he foregoing instrument and acknrlwle'd ed the execution thereof <br />� <br />g c <br />to M' t _ voluntary art and decd. <br />Witness my hand and notarial seal at <br />(ardllC� I :aa.ilIlC�, _ NE ' t <br />date aforesaid. _ in acid county, the <br />My Commission expires: ,\ \ <br />MUM MEW tiottev Puhllc <br />MI: � <br />M► ONK Etta Orllt 10,1 6 <br />... .. ... i`�pnt'a• nt•I. L 'shim I:irr Bletie'r�a1 r..r 1,•rltt r,•P AP16t to !•eI>Plt1:•P) <br />9 <br />C. <br />F <br />� per, 3 <br />!r ♦ <br />C 7 3 <br />�i <br />o <br />it ` <br />