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7. Condemwtion. In the event the Property, or any part thereof, shall be taken by eminent domain,the Mmtpgea <br />is empowered to collect and-receive ill compensation which may be pild taR any property taken or [or dama~ee:to-property - <br />not taken, and Mortgagee shill apply such compenntion, at i4 option, either to • reduction of the indebtedness sectnad : <br />hereby or to repair and restore the property so damaged. <br />8. Per[aemance by Mortgagee. Mortgagee may, but shill have no obtlgatlat, to do any act rvltich the ldioaitp <br />has agreed but taus to do, and Mortgagee may ilso do any act it deems necessary to protect the Iien,hereoL Matps~or " <br />agrees to repay, upon demand, any sums so expended by the Mortgagee for the above pttrpcees, and arty snms.eo etc ended <br />by the Mortgagee sbill be added to the indebtedness secured hereby and become subject to the lien.hereof: Yoetp/x <br />shill not incur any petsonil liability because of anything it may do or omit to do hereunder. <br />9. Default; Assignment o[ Recta. Time is of the essence hereof, and neat Mottpgor's default to any covenant <br />or agreement of this Mortgage, including covenants to pay when due the snrns secured by ttls-Maetpge, the 3toet~agr chill <br />be entitled, at its sole option and without notice, to declare dl sums secured by this Mottpge.to be:immediatdy dne rand <br />payable and may commence foreclosure of this Mortgage by judicid praecedinp; and, provided.furttler; that'ttpotrwdi"' ' <br />dehWt the Mortgagee, tx s receiver appointed by a court, may at its option and vrithout reOtrd.to the adegwty o[_the- -. <br />security, enter upon and take possession of the Property and collect the mats, issues and protlts theretroas and:apply-tLeaa-- ' . <br />first to the cost of collection and operation o[ the Property and then upon -the indebtedneu-seeured:by thk lfgft~l/ee," <br />add tents, issues and profits being assigned to the Mortgagee as further secuAty for the'paymant of the tndebMduaes- ~- <br />secured hereby. - " <br />10. Transfer of Property. If all or any part of the Property is sold or transferred without the ezprer writtencno- <br />sent of the Mortgagee, Mortgagee may at its sole option, declare ill sums secured by this Modgago to be immediately- dw~" - <br />end payable. - <br />11. Future Advances. Upon request of Mortgagor, Mortgagee may mate additiond and future adtaecea to` - -- <br />Mortgagor. Such advances, with interest thereon, shill be aecared by this Mortgage when evidenced by promiaiseay; natty+_ ' : - <br />stapng that sdd notes are secured hereby. At no time shill the principil amount of the indebfadnesa seen[e~ by tlt4' <br />Mortgage, not including sums advanced to protect the security of this Mortgage, ezceed the origind Note. - - - <br />12. Miscellaneous Provisions. <br />(a) 4ny Corebearance in exercising any right or remedy shall not be a wilver thereof. <br />(b) All remedies provided herein are distinct and cumulative to any other right afforded by law or equity, <br />and may be exercised contalrrently, independently or suecessivery. <br />(c) The covenants and agreements contained herein shill 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 />Ic) The headings of the paragraphs of this Mortgage are for conveeience only and shill not be used to inter- <br />pret or define the provisions hereof. <br />13. Release. upon payment of all sums secured by this Alongage, Mortgagee shall discharge this Mortgage and <br />shall execute and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed [his Mortgage on the 31 Stday of _JanuaTy 19 84 . <br />~ /,~ 7 <br />(L ~- 2ciL,t/~' I ~.-~'~'Y-L"1~6.TTF"-v" - 'V .~ <br />(Daryel E,. Schawada'yer) /` B°"°"°" <br />a rm e n D. a e_ e r Bomovrer <br />State of Nebraska, 11311 County ss: <br />On Lhis 3 f S t day of d R d ~+ 19 ~~L, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came Da r re 1 F . S C hwa de rer and <br />Carmen D. Gaffev Schwaderer 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 />~ be their _ voluntary act and deed. <br />Witness my hand and notariil sad at Grand I S 1 and , tiebra Ska in said county, the <br />date aforesaid . <br />_ MyGommissionexpires: t#as-tt/W-~s"t'rMawsata ~~i1 f ~t~-'~`/~J~~ <br />'\ ` w tiJelYl FD 1!.`'3T tl- iu~ Notazr Public <br />(Space Rebv Tat< i.in< Rea<r.ad F'or Lend<r aM REtONer) <br /> <br />~ ~ ~~ -~~ <br />u5 <br />~ <br />C <br />X17 ~ r-. <br />~ <br />Q = <br />y <br />t5 ~., . <br />~` LL <br />{7a sac LHeR tt7.tr Abe 2~ - <br />~~ ~ <br />~tl L ~ ~ .. .~ 'i iJS <br />`*.-~'7 Vii- -- <br />_. ' s <br />\~' . <br />- "~~ (tlieNtlrt:3O~` FG' (J;~3ufU}' <br />