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'''t <br />~k--~~. <br />4. In the went the Property, or any part thereof, sha71 be taken by eminent <br />domain, the Mortgagee is empowered to collect and receive all compensation which <br />may be paid for any property taken or for damages to property not taken, and Mortgagee <br />shall apply such compensation, at its option, either to a reduction of the indebtedness <br />secured hereby or to repair and restore the property so damaged, <br />5, -Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />hats agreed but fails to do, and Mortgagee may also do any act it deems necessary to <br />protect the lien hereof. Mortgagor agrees to repay, upon demand, any sums so expended <br />by the Mortgagee far the above purposes, and any sums sa expended by the Mortgagee <br />sha7i be added to the indebtedness secured hereby and become subject to the lien <br />hereof. Mortgagee shall not incur any personal liability because of anything it <br />may do or or~it to do hereunder. <br />6. Tme~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 sha1T be entitled, at its sole option and without <br />notice, to declare all sums secured by this Mortgage to be immediately due and <br />payable and nay commence foreglosure of this Martgage 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 Pr°operty 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, issue~> and profits being assigned to the Mortgagee as further security <br />for the payment o7F the indebtedness secured hereby. <br />7. If al'l or any part of the property is sold or transferred without the express <br />written consent of the Mortgagee, Mortgagor may at its sale option, declare all sums <br />secured by this Mortgage to be immediately due and payable. <br />B. Any forebearance in exercising any right or remedy shall not be a waiver thereof. <br />9. All remedies provided herein are distinct and cumulative to any other right <br />afforded by 1!aw or equity, and may be exercised concurrently, independently or <br />successively,. <br />10. The covenants and agreements contained herein shall bind, and all rights <br />inure to, the respective successors and assigns of the Mortgagor and the Mortgagee. <br />II. All covenants and agreements of the Mortgagor and the Mortgagee are joint <br />and several. <br />li?. Upon paymient of all sums secured by this Martgage, Mortgagee shall dis-charge <br />this Mortgage and shall execute and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage an the 5th day <br />of Jan~sar~~ 19s~ <br />,,_~ ~,?~ J1, ,-~' <br />' +~r f1 ~L~,/ ~r <br />r :~ieiK <br />$~. ~ ~ ~ .. <br />STATE OF NEBRASKA, Bali. <br />County ss: <br />On this 5th day of Jannary* I,g83 ,before me, the undersigned, a Notary <br />Public duly commissioned and qualified for said county, personally came dark ~. ~teLk <br />and ~7anda Lee ~telk to me known to be the identical <br />persons whose names are subscribed to the foregoing instrument and acknowledged the <br />execution thereof to be their voluntary act and deed. <br />i~Al~txtr-i~naMrv ~ <br />iY E. R0~ '' !^'' <br />1Mtir~a~,iiiAi Notary u 1~ " <br />