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r <br />In <br />85-- 003008 <br />4. In the event the P'r'operty, or any part thcreof, shall be taken b eminent <br />domain, the Mortgagee is empowered to collect and receive y t <br />may be paid for any property taken or for damages to Property all compensation which <br />shall apply such compensation, at its option, either tooae reduction aofn the niindebtedness <br />secured hereby or to repair and restore the property so damaged. <br />5. Mortgagee may, but shall have no obligation, to the <br />has agreed but fails to do, and Mortgagee may also do it act <br />protect the lien hereof. Mortgagor agrees to repay, upon demand, any sums so expended <br />by the Mortgagee for the above purposes, and any sums so expended by the Mortgagee <br />shall be added to the indebtedness secured hereby and become subject to the liie <br />t- r.nf + +ny.t�NnQ4 Vhal? i2 incur any pc:i "jOrial iiau7iltj because Of aflytlli(iy It <br />-aay do or omit to do hereunder. <br />6. rime is 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 <br />by this Mortgage, the Mortgagee shall be entitled at its sole option and without <br />a! 1 by phis Mortgage to be immediately due and <br />payable and may commence foreclosure of this Mortgage by judicial proceedings; <br />and, provided further, that upon such default the Mortgagee, or a receiver <br />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, <br />issues and profits therefrom and apply them first to the cost of collection and <br />Operation of the Property and then upon the indebtedness secured by this Mortgage; <br />said rents, issues and profits being assigned to the Mortgagee as further securit <br />for the payment of the indebtedness secured hereby. J y <br />7. If all or any part of the property is sold or transferred without the express <br />written consent of the Mortgagee, "Mortgagor may at its sole option, declare all suds <br />secured by this Mortgage to be innrediately due and payable. <br />3• Any t=orebearance in exercising any ► ic;ht or remedy shall not be a waiver thereof. <br />9. All remedies provided herein are distinct and cu►r►ulative to any other riatrt <br />afforded by law or equity, and r;ay be exercised concurrently, independently or <br />J 1 v` a y. <br />10. The covenants and agreer;►ents contained herein sh <br />l h 1 1 ri.l * n 1• I• n n r n r. f- i <br />. cam:... al , bind, and all rights <br />► <br />, <br />_ .{Il, JJ'JI 115 v1 - ;a ur ' <br />11. <br />All 'mI a►r�, 'Lilt! Muri.yayt•' . <br />covenants and agreements )f the iortgagor and the "1ort9agee are joint <br />and several. <br />12. Upon payment of all su►lIs se,curelj by this "Mortgage, Mortgagee shall discharge <br />this Mortgage and shall execute and deliver a satisfactory release therefor. <br />IN WIT,, ^MESS WHEREOF, "ior"N'90r has executed this Mlortgage on the 17th day of <br />.�— June_ 19 35 <br />__ CAIRO LUMBER CONPArly, Inc. <br />ra nc <br />STATE OF NEBRASKA, Hall president <br />:ir, this 17th tray rr t June 1 �,0. , be fore nip , the undersigned, a <br />_ .,- <br />Notary Public duly col;,mI 1.0ned ,Ind qu'llifia for �,, ►id ctrurtt'y ,car; nal 1 can ►� <br />Francis L. Weber, President of Cairo Lumber Company, Inc., a' " ?ef�ras a Co���ora`tion <br />on <br />behalf of the corporation <br />t;c' It'(, k001-11) to be the i de,n t i ca l <br />persons whose names are subscrit.re�d to thE� fore?yt.rirlr� in5trtml(.'rrt and r)cknowlc�dread thy, <br />> e <br />execution thereof to ')(a thr� i r` vt,l,/nt..rry act: and deE�t1. <br />ftm* OWN" <br />NOMAS A, EM <br />Grp, <br />MY tamm . <br />WI® <br />�, ., ,1 ,,� , .. __.. • lo t (11, <br />tom. e <br />Q <br />