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<br />~. Condemnstion. In the event the Property, or any part thereof, shall be taken by eminent domain, the Mortgagee <br />re empowered to collectand receive all compensatlon which may be paid for any property taken or Por damages to property <br />not: taken, and. Mortgagee shall apply such compensation, at its option, either to a reduction of the indebtedness secured <br />bereby:or to repay and restore the property so damaged. <br />8. Performance by Mortgagee. 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 protect the Tien hereof. Mortgagor <br />agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended <br />by We Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee <br />snail-not incur-any. personal liability because of anything it may do or omit to do hereunder. <br />9: Default; Assignment of Rents. Time is o[ 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 shall <br />be entitled, at its sole option -and without notice, to dedare ail sums secured by this Mortgage to be immediately due and <br />payable and may commence toredosure 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 collect the rents, issues and profits therefrom and apply them <br />5rit to the cost of rnliection and operation of the Property and then upon the indebtedness secured by this. Mortgagee; <br />said-mats, issues and profits being assigned to the Mortgagee as further security-Por the- payment of the indebtedness <br />secured hereby. <br />10. Transfer of Property. If all or any part of the Property is sdd or transferred without the express written con- <br />sent of the Mortgagee, Mortgagee may at its sole option, declare all 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 advsnces 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 the indebtedness secured hp this <br />Mortgage, not induding sums advanced to protect the security of this Mortgage, exceed the orig'mal Note. <br />12. Miscellaneous Provisionv. <br />{a) Any forebearance in exercising any right or remedy shall not be a waiver thereof. <br />(b) All remedies provided herein are distinct and cumulative to any other right afforded by law of equity, <br />and luny be exercised concurrently, independently at successively. <br />(c) 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} Ali covenants and agreements of the Mortgagor are joint and several. <br />(e) The headings of the paragraphs of this Mortgage are [or convenience only and shall not be used to inter• <br />pret or define the provisions hereof. <br />13. Release. Upon payment of alt sums secured by this Mortgage, Mortgagee shall disduuge this Mortgage and <br />shall execute and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the ~ lst~y oP February 19 83 <br />~ 1~' 1 <br />~-~[ <br />.• ~~. <br /> 80lION@ <br />State of Nebraska, Ha 1 1 County ss: <br />On this 21st day oP February 19 83 , betore me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came Lowe I lloh se . 4 Sing 1 e Person <br /> to me known to be the <br />identical persoar(s) whose name(s) are subscrilred to the Coregoing instrument and acknowledged the execution thereof <br />~ be his voluntary act and deed. <br />Witness my head and notarial seal at Grand Island, Nebeaska in mid rnunty the <br />date aforesaid. <br />t <br />MyCommisci ~IMgOaouar-suNYaaNain <br />~~' <br />~%~ <br />, <br />___ <br />~ <br />MAINt O. STEM <br /> <br />Coraad fem. +AM i. tfl~ Noeary PuNtc <br />~ - - 44W~ allow IUb Line 6erae+rad Foc Laodar aM Racozderl <br />~~~ <br />~~ <br />~ 6t7 ~~} <br /> <br /> C)"~ <br /> <br />~ i <br />~ e• <br />< <br /> <br />;._ <br />L ,°V <br />~ - <br />gamq~,, 6\ <br />.~'Aa1GrMa1Ni(A iNY ~ <br />~ ~ -. <br />. <br />~ ~, \ <br />