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7. Condemnation. In We event We Property, or any part thereof, shall be taken by eminent domain, the Mortgagee <br />is empowered to collect and receive alI compensation which may be paid for any property taken or for damages to property <br />ant taken, and Mortgagee shall apply such compensation, at its option, either to a reduction of the indebtedness secured <br />hereby of to repair ahd restore the property so damaged. <br />S: Performance by Mortgagee- Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />has. agreed but fans to do;-and Mortgagee may also do any net it deems necessary to protect the lien hereof. Mortgagor <br />agrees- to repay, upoh demand, any sums so expended by the Mortgagee Por the above purposes, and any sums so expended <br />by the Mortgagee shad be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagce <br />shall -not incur any pen;onal liability because of anything It-may do or omit to do hereunder. <br />9. Default; Assignment of Rents. Time is of the essence hereof, and upon Mortgagor's default in any covenant <br />or agreement of this Mortgage, induding covenants to-pay when due the sums secured by this Mortgage, the Mortgagee shah <br />be entitled; at its sole option and without notice, to dedare ati sums secured by this Mortgage.to be immediately due and <br />payable and may commence foredosure of this Mortgage by judicial proceedings; and, provided further, that upon such <br />default the Mortgagee, or a receiver 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 collectthe rents, is~tes and profits therefiiomand apply them <br />5rst to the-cost of collection and operation of the Property and then upon the indebtedness secured by this Mortgagee; <br />said Tents, issues and profits being assigned to the Mortgagee as flrrther security for the payment of the indebtedness <br />secured hereby. <br />lU. Transfer o[ Property. If all or any part of the Property is sold or transferred without the express written con- <br />sent of the Mortgagee, Mortgagee may at its sole option, declare alt sums secured by this Mortgage to be immediately due <br />and payable. <br />11. Future Advances. Upon request of Mortgagor, Mortgagee may make additional and future advances.: to <br />Mortgagor. Such advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes <br />stating That said notes are secured hereby. At no time shall the principal amount of fire indebtedness secured jrp this <br />Mortgage, not induding-sums advanced to protect the security of this Mortgage, exceed the original Note. <br />12. Miscellaneous Provisions. <br />(a) Any forebearance in exercising any right or remedy shall not be a waiver thereof. <br />(b) Ail remedies provided herein are distinct and cumulative to any other right afforded by law or equity, <br />and may be exercised roncurrently, independently or suecessiveiy. <br />(e) The covenants and agreements contained herein shall bind, and the rights inure to, the respective <br />successors and assigns of the Mortgagor and the Mortgagee. <br />(d) All covenants and agreements of the Mortgagor are joint and several. <br />(e) The headings of the paragraphs of this Mortgage are for convenience only and shall not be used to inter- <br />pret or define the provisions hereof. <br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shall execute-and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the ~6_ day of Tan ,19.83_. <br />~1 ! i ~~~l <br />(BBtty 3~ "3Yss) no;rower• <br />State of Nebraska, x811 <br />ss: <br />Boaower <br />On this 26th day of ~nuary 19~~, before me, the undersigned, a Notary Public <br />duty commissioned and qualified for said county, personally came Ret ty J . Moss <br />to me known to be the <br />tdeatital _penaa{s) whose name{s) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />~ be her voluntary act and deed. <br />i,~'~ \, <br />~=' <br />.~. Q <br />W <br /> <br />Wjtn~s my hand and notarial-seal at Grand 15 land ~F ~in 'd county, the <br />date afvrasaid. <br />Tag (bmtaission expires: ~MiI1111f-bna~t <br />~~«~ NotarY Pubne <br />-1-~ia4alr ».l1Mt <br />.. ~ ,-,: {apace Hdov Thial.laa apervad For Lender and HaoorderJ <br />~ .~" ~\ <br />Q ~ <br />Y <br />~ ~ ~- ~, i,~ ~ lz3 <br />S c„ <br />i <br /> <br />-~ i 4' F ~1+t <br />1 _. - ~ ~ ~`' <br />_ L4k <br />~ ~ <br />\~ <br />- <br />' ~ ` <br /> <br />mrael~aai~v,~aa ~3~ <br />- ". <br />