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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 It<> collect and receive aU 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 the property so damaged.
<br />
<br />8. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act Vl-irich the Mortgllj!or
<br />has agreed buj~ fails to do, arid Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor
<br />agteeS to repay; upon demand, any.sums so expended by the Mortgagee for the above purposes, and any sums so expended
<br />. by. the M6rtgllgee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee
<br />shalInot meur MY 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 upon Mortgagor's default in any covenant
<br />oragreelMnt of this Mo.rtgage, including covenant,S 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 aU sumsseeured by this Mortgage.to be.immediately due and
<br />payable and ma:y 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, rruty 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 cost of collection and operation of the Property and then upon the indebtedness secu:red by this Mortgagee,
<br />said :rents., issues and profits being assigned to the Mortgagee as f1!rther security for the payment of the indebtedness
<br />secured hereby.
<br />
<br />10. 'l'ranster 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 SUl1'lS.secured by this Mortgage to be immediately due
<br />and payable.
<br />
<br />11. Futll:re 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 />staUng that ~Lid 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 exereising any right or remedy shall not be a waiver thereof.
<br />
<br />(b} All remedies provided herein lire distinct llnd cumulative to any other right afforded by law or equity,
<br />and maybe exercised concurrently, independently or successively.
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<br />(c) The covenants and agreements (~ontained 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 llnd agreements ot the Mortgagor are joint and several.
<br />
<br />(e:, The 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. Rlllease. Upon payment of all sums seeured by this Mortgage, Mortgagee shaH discharge this Mortgage and
<br />shaH execute all1d deli~rer a satistactol'y release therefor.
<br />
<br />IN WITNESS WHEREOf" Mortgagor has eMcuted this Mortgage on tht? 9t h. day of
<br />
<br />,1983 .
<br />
<br />
<br />BQ'l.rower"
<br />
<br />Borrower
<br />
<br />
<br />State of Nebl:al.ka, ___.~~.__._,__..________._.__County ss:
<br />
<br />Ont'his 29th day .June 19 83__, before me, the undersigned, a Notary-Public
<br />dulyoomm,issionedandqualifiedforsaidoounty,personallycame Douglas!," Somerhalder and Sharon J.
<br />. SOlllerhalder, Husband and1J.ife _______,to me known to be the
<br />idelltical.person(s) whoSf:'na~e{s)art1 subscribed to the foregoing instrument and acknowledged the execution thereof
<br />
<br />the
<br />
<br />R""'e:~ F'o, I,""ue:r lUlo. ll."co:a:de1:) ..----~-----,_.__._,_.-
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