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r 10. That the Mortgagor will k, the buildings upon said premises in good repair. ,_ .)neither commit nor permit waste upon said land, nor suffer the said premises io he used for any unlawful purpose. 11. That if the premises, or any part thereof, be, condemned under the power of eminent domain, or acquired for a public use, the damages awarded, the proceeds for the taking of, or the consideration for such acquisition, to the extent of the full amount of indebtednes upon this mortgage and the note which it is given to secure remaining unpaid, are hereby assigned by the Mortgagor to the Mortgagee, and shall be paid forthwith to said Mortgagee to he applied by the latter on account of the next maturing installments of such indebtedness. 12. The Mortgagor further agrees that should this mortgage and the note secured hereby not he eligible for in- surance under the National Housing Act within sixty days from the date hereof (written statement of any officer of the department of Housing and Urban Development or authorized agent of the Secretary► of Housing and Urban Development dated subsequent to the sixtyy days time from the date of this mortgage, declining to insure said note and this mortgage, being deemed conclusive proof of such ineligibility). the Mortgagee or holder of the note may, at its option, declare all sums recurred hereby immediately due and payable. 13. That if the Mortgagor fails to make any payments of money when the same become due. or fails to conform to and comply with any of the conditions or agreements contained in this mortgage, or the note which it secures. then the entire princi- pal sum and accrued interest shall at once become due and payable, at the election of the Mortgagee: and this mortgage may thereupon he foreclosed immediately for the whole of said money, interest, monthly payments. costs, ground rents, taxes and the cost of extending the abstract of title from the date of this loan to the time of commencing such foreclosure suit, and a rea- sonable attorney's fee, all of which shall he included in the decree of foreclosure; and the contrast embodied in this mortgage and the note secured hereby, shall in all respects he governed, construed and adjudged by the laws of Nebraska, where the same is made. The covenants herein contained shall bind, and the benefits and advantages shall insure to. the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. The foregoing conditions, all and singular, being performed according to their natural and legal import. this conveyance shall he void and said premises released at the expense of the Mortgagor, otherwise to be and remain in full force and effect. IN WITNESS WHFREOF. the Mortgagor(s) ha ve hereunto set their hand(%) the day and year first above written. In presence oL• "This option may not be exercised by t' Mark J. Ml I SEAL. j mortgagee when the ineligibility for Malmer [SEA[,I insurance under the National Housing Act is due to the mortgagee's failure"' -Y SE.At. I to remit the mortgage insurance premium im trier to the Department of Housing and Urban Development STATE OF NEBRASKA. ss' COU NTY OF Hall On this 20th day of December. • A.D. 19 85, before me. Notary Public In and for said County. personally came Mark J. Malmer and Kim L. Malmer, Husband and Wife I SERI I SEAL I . personally to me known to be the identical persons whose name s are alhved to the aMwe and fore- going instrument as Mortgagor. and they have acknowledged the said instrument and the execution thereof to he their voluntary act and dyed. for the purposes therein expressed. In testimony whereof, 1 have hereunto set my hand and affixed by notarial seal at Grand Island cm the day and date last above written. A'oL�'+rt' lithlit. �Ilt tNlrrl -1Mrr r �tMrwb STATE OF NEBRASKA „ DOl011L311L89 1101 Mtn�w4twr41r Filed fot record this day of A D 19 at o'clock M., and entered in Numerical Index, and recorded in Book of Mortgage %, on palge of Register of Deed, ..a a .y IMO W141%1 Ili ?M h ti7 eta