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<br />s3-- oau2~~a <br />be paid out of said rents, issues and profits or out of the proceeds of any sale <br />made in pursuance of any such judgment or decree: (a} All costs and expenses <br />of such suit or suits, advertising, sale and conveyances, including attorneys', <br />solicitors' and stenographers' fees, outlays for documentary evidence and the <br />cost of said abstract examination of title and title report; (b} All moneys <br />advanced by Mortgagee, if any, for any purpose authorized in this Mortgage, <br />with interest as herein provided; (c) Atl the accrued interest remaining unpaid <br />on the indebtedness hereby secured; (d) All the sa d principal money remaining <br />unpaid. The overplus of the proceeds, if any, shall be paid to the said <br />Mortgagor on reasonable request, or as the court may direct. <br />2Q. That in case of any foreclosure sale of said premises, the same <br />may be sold in one or more parcels. <br />21. That the failure of the Mortgages to` exercise the option for <br />acceleration of maturity and/or foreclosure following any default as aforesaid <br />or to exercise any other option granted to the Mortgagee hereunder in any <br />one or more instances, or the acceptance by Mortgagee of partial payments <br />hereunder shall not constitute a waiver of any such default, nor extend or <br />affect the grace period, if any, but such option shall remain continuously in <br />force. Acceleration of maturity once claimed hereunder by Mortgagee may, at <br />the option of Mortgagee, be rescinded by written acknowledgement to that <br />effect by the Mortgagee, but the tender and acceptance of partial payments <br />atone shah not in any way affect or rescind such acceleration of maturity, nor <br />extend or affect the grace period, if any. <br />22. That the rights and remedies herein provided are cumulative <br />and Mortgagee may recover judgment on the obligation secured hereby, issue <br />execution therefor and resort to every other right or remedy available at taw <br />or in equity without first exhausting the security or any right or remedy <br />afforded by this Mortgage, and no enumeration of special rights or powers <br />hereunder shat) be construed to limit any grans of general rights or powers <br />hereunder or deprive or limit Mortgagee of any and all rights granted under <br />the laws of the Slate of Nebraska. <br />23. That a!! right, title and interest of the Mortgagor in and to all <br />leases affecting the mortgaged premises and together with all of the rents, in- <br />come, receipts, revenues, issues and profits from or due or arising out of the <br />said mortgaged premises have been transferred and assigned simultaneously <br />herewith to the Mortgagee as further security for the payment of said indebted- <br />ness under provisions of a certain Assignment instrument of even date herewith <br />executed 6y Mortgagor and to be recorded simultaneously herewith, the terms, <br />covenants and conditions of which are hereby expressly incorporated herein by <br />reference and made a part hereof, with the same force and effect as though the <br />same were more particularly set forth herein. <br />24. That should the proceeds of the loan made by the Mortgagee to <br />the Mortgagor, the repayment of which is hereby secured, or any part thereof, <br />or any amount paid out or advanced by Lhe Mortgagee, be used directly or <br />indirectty to pay off, discharge or satisfy, in whole or in part, any prior lien <br />or encumbrance upon said premises above described, or any part thereof, then <br />the Mortgagee shall be subrogated to such other #ien or encumbrance and to <br />any additional security held by the ho#der thereof pertaining to the mortgaged <br />premises and shat! have the benefit of the priority of aI1 of the same. <br />Z5. That Mortgagee, without notice and without regard to the con- <br />sideration, if any, paid therefor, and notwithstanding the existence at that <br />time of any inferior liens thereon, may release any part of the security <br />described herein or any person liable for any indebtedness secured hereby, <br />witht in any way affecting the prior#ty of the #ien of this Mortgage, to the <br />foil extent of Che indebtedness remaining unpaid hereunder, upon any part of <br />the security not expressly released, and may agree with any party obligated <br />on said indebtedness ar having any interest in the security described herein <br />tr3 extend the t#me for payment of any part or a#I of the indebtedness secured <br />_~_ <br />