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<br />7. Condemwtion. In the event the Property, orany part thereof, shall be taken by eminent domain,the Mortgagee <br />is empowered to rntiect and receive all compensation which-may be paid for any property taken or for damages to property <br />not taken, and Mortgagee shall apply such compensation, at its option, either to a reduction Of 6he indebtedness secured <br />hereby or to repair and restore the' property so damaged. <br />8. Performance Iry 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 necessaryto prokect the.lien hereof. Mortgagor <br />agrees to repay, span demand, any sums so expended by the. Mortgagee forthe above purposes, and any sums so expended , <br />by the Mortgagee shall- 6e added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee . <br />shall hot hrcar nap penonaf liability because of anything it may do or omit to do hereunder. <br />9. Ilefault; Aseignmeat of Rants. Time is of the essence hereof, and upon Mortgagor's default 3n anyeovenant <br />or agreementof thin lvfortgage, including covenants to pay when due ttie sums secured by this Mortgage; the lVIortgageestiall <br />bs enNtted, at its sole-option and without notiee, to declare a!i sums secured by this Mortgageto be immediately: dne and <br />payable and may commence foreclosure of Lhis Mortgage by judicial proceedings; and, provided turttier, that upoh.such' <br />. default the- Mortgagee, or s receiver appointed by a court, may at its option and without regard to the' adequacy, ofthe <br />security, enter upon and take possession of the-Property and collect the rents, issues and profits therefrom and appjy'them- - ' <br />fast ta.the cost otcoilection and operation of the Property and Then upon-the indebtedness-secured by this I+4ortgagee; _ <br />said rents,-issues and profits being assigned to the Mortgageeas_further.security forthe.paymeat---otthe indebtedness ,- <br />secured hereby. <br />10. Transfer at 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 all sums secured by this Mortgage to be inunediately due - <br />and payable. <br />11. Future Advances. Upon request of Mortgagor, Moztgagee may make additional and future°advances to <br />Mortgagor. Such advances, witk interest thereon, shalt be secured by this Mortgage whett evidenced bypromissorynotes <br />stating that said-notes are secured hereby. At no time shall the principal amount of the indebtedness-seciued b`ythis <br />Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the ori~nal Note: - - _ - - - <br />12. Misce}laneous Provisions. <br />' (a) Any forebearance in exercising any right or remedy shalt not be a waive[ thereof. - ~ - - <br />(b) A!I remedies provided herein are distinct and cumulative to any other right afforded bylaw or equity,-- - <br />and may be exercised concurrently, independently or successively. <br />(c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective; - - - - <br />successors and assigns of Ehe Mortgagor and the Mortgagee. - - - <br />(d) All covenants and agreements of the Mortgagor are joint and several, <br />(e) The heading of the paragraphs of this Mortgage are for convenience only and shall not beused-to h.tar- <br />prat or define the provisions hereof. <br />13. Release. Upon payment of alt sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shell execute and deliver a satisfsctary release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the~Nr h day of _Dt ^pmhar , 1313.3._. <br />-i <br />.f •:'~ 1 % <br />Eoirower <br />aoaower <br />State of Nebraska, Ha i L- County ss: <br />On this 30th day of December 19_$x, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came David W . S full and Norma C . <br />Stu11 __, to me known to be the <br />identical person(s) whose name{s) are subscribed to the foregoing instrument and acknowledged the execut[on thereof <br />-. to be their voluntary act and deed. <br />Witness my hand and notarial seal at Grand Island , Nebraska in said county, the <br />dateatoresaid. ~ig~R~~«~~ <br />My Commission expires: Y. iitTJfA1fEY ~ _ in'1 ~ , r ' ~ <br />;~ ~tiao.BeFMi(alt; <br />'~,,~- - - - No c <br />C.:~ " ~.~ <br />legate Belew 'r9da Line Reeervad For Lender and Reeorderi <br />~; <br />~ ~ <br />~ r..•, ~ <br />r~'.~ 1 S <br />7 1,.7 <br />(r 5 ~ <br />.~ 7 ~ l ~ w. - t i ~' <br />~? L"~~' 1J.A <br />~.,••~1V xaG Sass }lXf~a~ ~" ~ ^`tiY <br />~; <br />`~. <br />