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<br />7. 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 Morteagee sball apply such compensation, at its option, either to a reduction of the indebtedness secured <br />hereby or to zepair and restore the property so damaged. <br /> <br />a. Pfdotmance by Morqagee. Mortgagee may, but shall have no obligation, to do any act which the Mortglll!or <br />haS.agne<t but fails: to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor <br />apees toi'e}iar, upon demand, any sums so expended by the Mortgagee for thll abovll pUrposes, and any sums so expended <br />by theMOrtg8geeshall bellllded to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee <br />shall nOt in.cur any pet'SOnalllabllity because of anything it may do or omit to do hereunder. <br /> <br />9. Default; Aasignment of Rents. Time is of the. essence hereof, and upon Mortgagor's default in any covenant <br />oragreementof thiaMortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgageesball <br />be entitled, at. its sole. option andwltliout. notice, to declare all sllmssecured by this Mortgage .to be Immediately due and <br />payable and may commence foreclosure of this Mortgage by judicial proceedings; and, provided furthllr, 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 />securily, enter upon and take possession of the Property and collect the rents, issues and profits theretJomand apply them <br />fim to the cost ofcoUection 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 securily for the payment of the indebtedn,ess, <br />secured hereby. <br /> <br />10. Transfer of Property, If all or any part of the Property is sold or transferred without the expresswrltten con- <br />Sllnt of the Mortgagee, Mortgagee may at its sole option, declare all sums.secured by this Mortgage to beiIiunediately due <br />and payable, <br /> <br />11. Future Advances, Upon request of Mortgagnr, Mortgagee may make additional and futUl1! advances to <br />Mortgagor. Such advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes <br />stating that saidl10tes are secured hereby, At no time sball the principal amount of the indebtedneSs secunid by this <br />Mortgage, not Including sums advanced to protect the security of this Mortgage, exceed the original Nnte. <br /> <br />12. Miscellaneous Provisions. <br /> <br />(a) Any forebearance in exercising any rigbt or remedy sball not be a waiver thereof, <br /> <br />(h) 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) The covenants and agreements contained herein sbaIl 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 beadings of the puagraphs of this Mortgage are for convenience only and shall not be used to inter- <br />pret or define the provisions bereof, <br /> <br />13. ReIeaN. 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 /> <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the ...lL-.day of March <br />n' -, \1'\ <br />/ (~{ J(:LLt~ l\::J-o: ; A . - I <br />(~~~t5e Da~is) ~: <br />(t::L<~:,LD';~if)~~'l" Ltc-, <br /> <br />,1983-. <br /> <br />Bouower <br /> <br />110_ <br /> <br />State of Nebrub, <br /> <br />Hall <br /> <br />C.ounty ss: <br /> <br />On this 31 day of M"Tl'h , 19J1L. before me, the undersigned, a Notary Public <br />duly commilsllOlled and qualln~ for -.id county, personally cam<! Wallace Davis and Maxine E. Davis <br /> <br />, to me known to be the <br />identical penon(5) whose name(5) are subscribed to the forecoing iostroment and acknowledged the execution thereof <br /> <br />to be their voluotaryactandd~ <br /> <br />Wim- my hand and notarial seal at Grand Is land. 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