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<br />7. Condemnation, In the event the Pro""rty, or any part thereof, shall be taken by eminent domain, tbe 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 or to repair and restore tbe property so damaged, <br /> <br />8, Perfollllance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the MortgBjlor <br />bas agteedbut fails to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor <br />agrees to ~pay, upon demand, any sums so expende~ .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 not Incur any personal liability because of anything It insy do or omit to do hereunder, <br /> <br />9.Default;~lgnmentofRents, Time is of tbeessence hereof, and upon Mortgagor's default in any covenant <br />or agreement of this Mortgage,including covenants to pay when due the sums secured by tbis Mortgage, the Mortgagee shall <br />be entitled, at its sole option and without notice, to declare all sums secured by this Mortgage .to be immediately'due and <br />payable and may commence foreclosure 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 witbout regard to the adequacy oftbe <br />security, enter upon and take possession of the Property and collect tbe rents, issues and profits therefrom and apply them <br />fintto the cost of collection and operation of tbe Property and then upon tbe indebtedness secured by this Mortgagee; <br />said rents, issues and profits being assigned to tbe Mortgagee as further security for the payment .of tbe indebtedness <br />secured hereby. <br /> <br />10. Transfer of Property, If all or any part of tbe 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 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 /> <br />12. Miscellaneous Provisions. <br /> <br />(a) Any forebearance in exercising any right or remedy shall 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) 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 /> <br />(d) All covenants and agreements of the Mortgagor are joint and several, <br /> <br />(e) 'lbe 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 /> <br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge tbis Mortgage and <br />shall execute. and deliver a satisfactory release therefor. <br /> <br /> <br />April <br /> <br />,19~, <br /> <br />Bouower- <br /> <br />Borrower <br /> <br />On this <br /> <br />/8 l!I- <br /> <br />~ p~...-:>?z,a.// County ss: <br />April <br /> <br />, 19~, before me, the undersigned, a Notary Public <br /> <br />Kirk G. Arnold <br /> <br />State of Nebraska, <br /> <br />day of <br /> <br />duly commissioned and qualified for said county, personally came <br /> <br />, 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 /> <br />to be his voluntary act and deed, <br /> <br />Witness my hand and notarial seal at ~ ~.....-~ q.L~ in said county, the <br />date aforesaid, J:ERAl. 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