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F <br />f <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 />6. Performance by Mortlies" Mortgagee may, but shall have no obligation, to do any Act which the Mortgagor <br />has agreed but falls to do, and Mortgagee may also do any it deems necessary to protect the lien hereof. Mortgagor <br />aglees to relay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended <br />by the Alortgagee "I be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee <br />shard not incur any personal liability because of anything It may do or omit to do hereunder. <br />9. Default; Assignment of Batts. Time Is of the essence hereof, and upon Mortgagor's default In any covenant <br />or egreement 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, moues 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 />seat 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 />(d) All covenants and agreements of the Mortgagor are joint and several. <br />(e) The headings of the paragraph.-. 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 satisfacto.y release therefor. <br />IN WITNESS WHEREOF. Mortgagor has executed this Mortgage on the _31_ day of Ma It 19 <br />(Kev B. Newth) <br />( Diane E. Newth) aarroarrr <br />State of Nebraska. Ha11 __.___._._.__._..______ ____._____..____County ss: <br />On this 31 __w._ day of ..?dY 19 ���, before me, the undersigned, a Notary Public <br />duty commissioned and qualified for said county, personally came_- Kevin B� Newth aat�3 Did <br />to me known to be the <br />Identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />to be ____.__.__. voluntary act and deed. <br />Witness my hand and notarial seal at _.._.___.... ��_d?SlI�lsttlLi,_19 _ in said county, the <br />d. <br />tzmy,eknomission expires: <br />(space netow 'rtia Lana Reserved For Lender and Recorder) <br />Notary Public <br />CC11 <br />