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11 <br />85-.00,3218 <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 />a' psefOreellaft by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mort <br />has agreed but tails to do, and Mortgagee may Ww do any act it deems V#w <br />necessary to protect the lion havea. mortgover <br />89rt" to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sum soexpembd <br />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lion hM".,MQr4WVe <br />"I 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 MortgaWs default in any covenant <br />or alinement of this Mortgage, including covenants to pity when due the sums secured by this Mortgage the mortgave'shaft <br />be entitled, at its sale option and without notice, to declare all sums secured by this Mor4pp to be imnsedlaWy_ 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 tbeveftm and apply tbm <br />flat 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 d or transferred without the e written of the Mortgagee, Mortgagee may at its sole option, declare 0 sums secured by this Mortgage to be immediately due <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 thts <br />Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. <br />12. Miscellaneous provisions. <br />(al Ary 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 />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 />{el The headings or the paragraphs of this Mortgage are for convenience only and shall not be used to inter- <br />pre( or define the provisions hereof. <br />13. Release. Upon Payment Of ail sums secured by this Mortgage, Mortga gee shall d isc h arge this M ortgage and shall execute and deliver a satisfacto.y release therefor, <br />IN WITNF-iS WHEREOF. Mortgagor has executed this Mortgage on the day of __ t unE', ...... 19 tj5 <br />(Max -E. Barry) bo,owe. <br />(Geraldine A. Barry) Borrower <br />State of Nebraska. <br />------..County ss; <br />On this day of–, gune 19t!5—, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came <br />grerson(s) whore to me known to be the <br />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 [. -SIand E' ., N <br />dar oforeasid. ------7 ` in said county, the <br />7- <br />my Commission expires: /X, <br />Al F. LIB Nor." Public <br />to 4111111116 ft J* Or M <br />(99*" 110-- 'Mi- 1A1W JAmder and R"Ordet) <br />