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<br />r <br /> <br />1. Condemnation. In the event the Property, or any part thereof, shall be taken by eminent domain, the Mortgagee <br />is empowered to collect 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 the indebtedness secured <br />hereby. Qt to repair and restore tIte property. so.damaged. <br /> <br />8. Performance by Mongagee. Mortgagee may, but shall have nQ obligatiQn, to do any act which, the Mortll8llor <br />has ~-but fai.ls to dQ, and Mortgagee may also do any act it deems necessary to protecUhelien hereof. MortgajWr <br />agrees to repay, up<>n demand, any sums so expended by the Mongagee for the above purposes, and any sumssoexpended <br />by:the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. MQRgagee <br />shall not. incur any petsonalliability because of anything it may do or omit to do hereunder, <br /> <br />9. Default; Assignment of Rents. Time is of the essence hereof, and up<>n MOrtgagor's default in any covenant <br />or agreementof this Mortgage, including covenants to paywhen due the sums secured by this Mortgage, the Mortgagee IlhalI <br />beentitled,- at ita sole option and without notice, to declare all sums secured by this MortgagUo beimmedla.teIy due'and <br />payable and may commence foreclosure of this Mortgage by judicial proceedinga; 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.cthe <br />security ; enter upon and take possession of the Property and collect the rents, issues and profits therefl'om and apply them <br />lint to the <:os/; of collection and operation of the Property and then upon the indebtedness secured by this Mortgagee; <br />said teIlts, lssues and profits being assigned to the Mortgagee as further security for the payment of the Indebtedness <br />secured hereby. <br /> <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 the Mortgagee, Mortgagee may at its sole option, declare all sums.secured by this Mortgage to be immediately due <br />and payable, <br /> <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 8Jr'lunt of the indebtedneSs. secured by this <br />Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. <br /> <br />12. Miscellaneous Provisions. <br /> <br />(a) Any forebearance in exercising any right or remedy shali not be a waiver thereof, <br /> <br />(b) All remedies provided herein are distinct and cumulative to any other right afforded by law or equity, <br />and may be exercised concurrently, independently or successively, <br /> <br />(c) Tlte 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 /> <br />(d) All covenants and agreements of the Mortgagor are joint and several, <br /> <br />(e) The headlnp of the paragraphs of this Mortgage are for convenience only and shall not be used to inter. <br />pret or define the provisious hereof. <br /> <br />13, Release, Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shall execute and deliver a satisfactol'Y release therefor, <br /> <br />IN WITNESS WHEREOF, Mortgagor bas executed this Mortgage on the29th day of <br /> <br />Harch <br /> <br />.19~, <br /> <br />,.r::: A~~~. _,_ l'~" <br />~ "<Z.:4."-- _u-~ <br />Eo Dean Wolfe " <br /> <br />Bouower <br /> <br />l!-,,".c:~~;;.-J.;... <br /> <br />"'--/ <br />,r" <br /> <br />Judith A. Wolfe <br /> <br />Bor:ro\l.-" <br /> <br />State of Nebraska, <br /> <br />Ha II <br /> <br />County ss: <br /> <br />On this <br /> <br />29th <br /> <br />day of <br /> <br />March <br /> <br />~ 19~. before me, the undersigned, a Notary Public <br />E. Dean Wolfe and Judith A. Wolfe, <br /> <br />duly conunlssloned and qUlllfied for said county, personally came <br /> <br />HuSband and Wife . to me known to be the <br />identical pelSOtl(s) whose name(s) are subscribed to the forecoing instrument and acknowledged the execution thereof <br /> <br />their <br /> <br />to be <br /> <br />voluntary act and deed. <br />Grand Island, Nebraska <br /> <br />in said county, the <br /> <br />WitDas my hand and notarial seal at <br />date aforesaid, <br /> <br />:1:.. 'on expires: <br />~. .. -..Jlll . <br />\S,.'V .. .... __... <br />-~ '. ............ <br />-) <br />~...: <br /> <br /><-''\ <br />~~//-) ,), '.'.- . <br />, "'}<. / <br /> <br />_7').""10, <br />" <br /> <br />_f- <br />'~-':. / <br /> <br />Notary Public.-,., <br /> <br />(SPICe Below 'I'tlta LlDe .RetaRVed For LeAd.. and. Reecmier) <br /> <br />.~ <br /> <br />, <br /> <br />! .....,rm~.....J .~ <br />J v>' ..... .J ~~ <br />... ;",..f <br />I T ~... <br />l~' <br /> <br />t.o <br />c::::> <br /> <br /> <br />s <br />x: <br />~ <br /> <br />" <br /> <br />"'" <br /> <br />~-",.:, ~ <br />"tIl,11_,U!~ ~ <br />(,~t..,:i' ~ <br /> <br />'-;;' <br />