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<br />7: Condemnation. Inthe-event We Property, or any part thereof, shall be taken by eminent domain, the Mortgagee <br />is empowered to coDactand receive all compensation which may be paid for any property taken or for damages to property <br />hot taken,. and Mortgagee shell apply such compensation, at its option, either to a reduction of the indebtedness secured <br />hereby or to repair and restore the property so damaged. <br />$. 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 lien 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 the'Mortgagee shall be-added to the indebtedness secured hereby and become subject to the lien, hereof. Mortgagee <br />shall noE incur any persoaai 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 />oragreementof-this Mortgage, including-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 declare all sums-secured by this Mortgage.to be immediatelydue and <br />payable:and-may commence foreclosure of this Mortgage by Ndicial 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 />fitsE to the cost of collection and operation of the Property and then upon the indebtedness secured by this Mortgagee; <br />said: rents, issues and profits being assigned to the Mortgagee as further security for the payment of the Indebtedness <br />secured hereby. <br />10. Transfer of Property. If all or any part of the Property is sold or transferred without the express written con- <br />sent of We Mortgagee, Mortgagee may at its sale option, declare sli 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 the indebtedness secured by this <br />Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. <br />12. Miscellaneous Provisions. <br />(a) Any forebeanmce 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 may be exercised concurrently, independently of 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) 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 ~~ ~ y`of ,19 ~~. <br />Plant I~n F nc. <br />~ rte. <br />~~` 9o;mwer <br />State of Nebraska, Hall county ~; <br />aoxroNOr <br />~ this 23 ,~y of February , 19$3 before me, the undersigned, a Notary Public <br />dulpcommissionedandquaiified[otsaidcounty,peesoaallycune Ralph B. Pulte. President of <br />Plant Island, Inc. , to me known to be the <br />identical person(s) whose name(s). are subscribed to the foregoing instrument and acknowledged the execution thereof <br />to be his voluntary act and deed. <br />Witness my hand sad notarial seal at Grand Island NE in said county, the <br />date aforesaid, <br />/~ <br />- <br />/f~/i,~, -- <br />~ <br />Cammission <br />ex <br />r.s f"' <br />/ - <br />""k <br />~ <br />~ . C-~ f <br />~~iM~dia ~~¢ <br />~. <br />1 ~ Notary Public <br />~ <br /> <br />c <br />(aRaca anrew Phis Ltoa Raervod For rwudat and Reeordae) - <br />-~ <br />~~ <br />~ ~ ~ ~ <br />f? <br /> <br />~ „~ F i L:.~ \ a <br />! h~ ~ <br /> <br />~ <br />~ ~ _` <br />A~ <br />~ u v <br /> <br />S3Q <br />errs rats rMi) iaa aiW : <br />