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<br /> <br />4. In the event the Property, or any part thereof, shall 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 />has 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 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 lien <br />hereof. Mortgagee shall not incur any personal liability because of anything it <br />may do ar omit to do hereunder. <br />fi. Time 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 />notice, to declare ail sums secured by this 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 security <br />for the payment of the indebtedness secured hereby. <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 s^le option, declare all sums <br />secured by this Mortgage to be immediately due and payable. <br />8. 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 law 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 />11. All covenants and agreements of the Mortgagor and the Mortgagee are joint <br />and several. <br />12. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge <br />this Mortgage and shall execute and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 10~' day <br />of January 19 83 . <br />~~~Thomas C. Nulme~ <br />'~ 6ala R. Nulme <br />STATE OF NEBRASKA, Hall__ _ County ss: <br />On thislot2~ day of January 19 83 ,before me, the undersigned, a Notary <br />Public duly commissioned and qualified for said county, personally came Thomas C. <br />Hulme & Gala R. Hulme, husband and wife 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 />--~ ` " ~, ~J <br />c.-~ t~oLtar~y ~u-6T is <br />J~a Rok~ert C. as on <br />