|
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 [or 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 the property so damaged.
<br />1 8. Performance try Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgsl[or
<br />hoc agreed but fails to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor
<br />agrees to repay, upon demand, any sums so expended 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 ko the lien hereof. Mortgagee
<br />shall not incur any personal liability because of anything it may do or omit to do hereunder.
<br />9. Default; Assignment o[ Rents. Time is of the essence hereof, and upon Mortgagor's de6ult in any covenant
<br />oragteementof this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee shall
<br />be entitled, at its sole option and without notice, to declare all sums secured by this Modgage.to be immediately due utd
<br />payable and may commence foreclosure o[ 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 without regard to the adequacy of the
<br />security, enter upon and take possession of the Property and collect the- rents, issues and profits therefrom and:apply them
<br />first to the cast of collection and operation of the Property and then upon the indebtedness secured 6ytbie Mortgagee;
<br />said rents, issues and profits being assigned to the Mortgagee as further security for-the payment!ot the indebtedness
<br />secured hereby.
<br />10. Transfer o[ Property. [f ail 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 immedutely due
<br />and payable.
<br />11. Future Advances. Upon request of Mortgagor, Mortgagee may make additional and (afore 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 tbid
<br />Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original. Note.
<br />12. Mixellaneous Provisions.
<br />(a) Any forebearance in exercising any right or remedy shall not be a waiver thereof: - -
<br />(b) Ail 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 />(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 />(d} All covenants and agreements of the Mortgagor are joint and several. -
<br />(e) The headings of the paragraphs of this Mortgage are-for convenience only and shall.not be used.°to inter-
<br />pr~t o[ define the provisions hereof. - - - -
<br /> 13. Release. Upon payment of all. sums secured by this Mortgage, Mortgagee shall dieeharge.this Mortpge and
<br /> shall execute and deliver a satis[actotq release therefor.
<br /> IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on thel,5th day uF Fe bruarv , lg 84 .
<br /> ~~
<br />u"
<br /> ;e°:row.+•
<br />Sy ' an C, Robert.e}
<br /> n ~z T-'} O /.'
<br /> (Ma An ober.tsl - _ - _ -•~+°"v
<br /> State. of Nebraska, Ha 11 County ss:
<br /> On this 16th day of February 19 R4 ;before me, Llte undetsipted, a Notary„Public
<br /> duly commissioned andqualitied[orsaidcounty,penonallycame Sylvan C. Roberts and Mary-Ann
<br /> Roberts Husband and Wife , tome'luwwm°tobe3lie
<br /> idenEicd persons} whose name(s) are subscribed to the foregoing instrument ~ad:acknowledged the execution: thereof
<br /> ~ ~ their voluntary act and deed- -
<br /> Witttess my hand and notarial seal at _ Crand T Bland, Nebraska in-said-county,i;he-
<br /> date aforesaid .
<br /> `--'~
<br />My Commheion expires: 1 J I L,1lr.Li ~~
<br />~
<br />..,^~,.~ -
<br />`~' -~ ~IMSMIMI-MwstMWtil
<br />tinter Pubnc
<br />• Y
<br />~` r^ M~ D. a~~
<br />r ~ ""._ ~
<br />~~~~~lalr
<br /> f'.~'. . .tap~°eBelow 'C6f. i.fne Rnerval Por I.enda aed-Reeordu? - ~" .
<br />~
<br /> ~
<br /> .~ { ~
<br /> rn
<br />
<br />L~. ~ T
<br />"~..~
<br />-t~++
<br />~ =a
<br />~
<br />7 ~ - ~-
<br />i
<br />-~
<br />~i-
<br />` ~
<br />,~ 'u.i
<br />~ ~
<br />~'
<br />"
<br />,
<br />3d
<br />~ ._ <
<br />~.,
<br />';~
<br />
<br />s+ rtua tea n~t~ aoa ease
<br />
|