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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 collectand receive all compensation which may be paid for any Property taken or for damages to property <br />not taken, and Mortgagee ,smell 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 />B' Performance by Mostgagee. 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 de. ms necessary to protect the lien hereof. Mortgagor <br />agrees to repay, upon demand, any sutras 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 fs of the essence hereof, and upon Mortgagor's default in any covenant <br />oragreement 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 sutras 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, ma at its option and without regard to the ads <br />security, enter upon and take y P adequacy t the <br />possession o[ 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 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 C., 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 zoneurrently, 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 —16 day of •TI _tl y 19 _ac -'�- &�' <br />(" 7 tG( <br />(Wi l liar L. Fowles) Bo; :over <br />(Kat leen C. Fowles) Borrower <br />State of Nebraska, Hall - <br />-- — -- County ss: <br />On this r - -th day of _-.Ju 1 y __ 19 $3__, before me, the undersigned, a Notary Public \ <br />duly commissioned and qualified for said county, personally came w; I t ; <br />Fowles <br />identical person(s) whose na(s) are sul�cribed to the foregoing instrument and acknowledged the execution T be the <br />me hereof I <br />� <br />to be their __ voluntary act and deed. <br />�l <br />Witness my hand and notarial seat at Grand Zsland, NE <br />date aforesaid, _ —_in said county, the( \ <br />My Comasissim expires: <br />y �Il•JMssselYrrla ° # - - -_ <br />w <br />_ . <br />~... �,,.•� Wi &Mr� Notary eublle _.- (i <br />i <br />- - -'" — (:Pace Below This Line Reserved For Lender and Recorder ) <br />tn <br />� U7 rvf 1, <br />t, <br />cr3 M, n <br />Ir <br />a, <br />-� Mf.:'i <br />Na(. 1rraP IN1.1 Alfa"2!a /, 4 <br />