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<br />83-- u~G02~~~ <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 money. <br />advanced by Mortgagee, if any, for any purpose authorized in this Mortgage, <br />with interest as herein provided; (c} Ali the accrued interest remaining unpaid <br />on the indebtedness hereby secured; (d) All the said 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 />20. 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 Mortgagee 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 ar more instances, or the acceptance by Mortgagee of partial payments <br />hereunder shalt not constitute a waiver of any such default, nor extend or <br />affect the grate period, if any, but such option shall remain continuously in <br />force. Rcceieration of maturity ones 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the option of Mortgagee, be rescinded by written acknowledgement to that 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 />alone shall not in any way affect or rescind such acceleration of maturity, nor <br />extend or affect the grace period, if any. <br />ZZ. 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 ar remedy available at law <br />er 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 shall be construed to limit any grant of general rights or powers <br />hereunder or deprive or limit Mortgagee of any and all rights granted under <br />the laws of the State of Nebraska. <br />23. That all 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 by Mortgagor and to be recorded simultaneously herewith, the terms, <br />covenants and conditions of which are hereby expressly incorporated herein by <br />rafer~te and made a part hereof, with the same force and effect as though the <br />soma were more particularly sat forth herein. <br />24. That shoutd the proceeds of the loan made by the Mortgagee to <br />the Borrower, the repayment of which is hereby secured, or any part thereof, <br />or any amount paid out or advanced by the Mortgagee, be used directly or <br />indirectly to pay off, discharge or satisfy, in whale or in part, any prior lien <br />ar encumbrance upon said premises above described, or any part thereof, then <br />the Mortgagee shall be subrogated to such other lien or encumbrance and to <br />any additional security held by the holder thereof pertaining to Lhe mortgaged <br />promises and shall have the benefit of the priority of all of the same. <br />25. That Mortgagee, without notice and without regard to the con- <br />sideration, if any, paid therefor, and notwithstanding the existence at that <br />Lime of any inferior (fens thereon, may release any part of the security <br />described herein or any person liable for any indebtedness secured hereby, <br />without in any way affecting the priority of the lien of this Mortgage, to the <br />full extent of the indebtedness remaining unpaid hereunder, upon any part of <br />the security not expressly released, and may agree with any party obligated <br />on said indabtec#ness or having any interest in the security deseribed herein <br />to extend th• lima for payment of any part or alt of the indebtedness secured <br /> <br />