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<br />.-- <br /> <br /> <br />7. Cll.ndemnation. In the event the Property> or any part thereof, shall be taken by eminent domain,the Mortgagee <br />isempowered l;ocollect 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 />l:!e~eby or to rElpair and. restore the property so damaged. <br /> <br />8. Perf~ce by Mortgagee; Mortgagee may, but shall have no obligation, to do any act which the Mortglil!.or <br />has agreed b . do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor <br />agrees to rep n dema~d, any sums so expended by the Mortgagee for the above. purposes, and any sums so expended <br />by' the Mo . shaH. be' added to. the indebtedness secured hereby and become subject to the lien hereof. Mortgagee <br />ShallnotipersonaIliability because of anything it may do or' omit to do hereunder. <br /> <br />9'. Default; Assignment ~f Rents. Time is of the .essence hereof, and upon Mortgagor's default in any covenant <br />or. agreement ofthisMortgage; including covenants to pay when due the sums secured by this Mortgage, the MoTtgagee,sball'. <br />be entitled,' at its sOle option and without notice, to declare all sums secured by this Mortgage .tobeimmediately due and.. <br />. payable and..mayeommence 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 without regard to the adequacy' of the <br />securtty, enter upon and. take possession of the Property and collect the rents, issues and .profits therefrom and apply;tbem " <br />first to the cost of coliection and operation of the Propilrty and then. upOn the indebtedness secured by this Mortgagee; <br />said. rents,. issues and profits b,eing assigned to. the Mortgagee as further security for the payment o~ the indebtedness <br />secured hereb'fT. <br /> <br />10. Transfer of Property. !fall or any part of the Property is sold ottransferred without the e:xipress written con. <br />sent of the Morl:gagee) Mortgagee may at its sole option, declare all sum.<; ,secured by this Mortgage to be immediately due <br />and payable. <br /> <br />1 <br /> <br /> <br /> <br />11. Futllire Advances. Upon request of Mortgagor, Mortgagee may make additional and future advances to <br />Mortgagor. SUl:b 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 sceured by this <br />Molttgage, not lim:luding sums advanced to protect the seeurity of this Mortgage, exceed the original Note. <br /> <br />12. Miscellaneous Provisions. <br /> <br />(a) Any forebearanee in exercising any right or remedy shall not be a waiver thereof. <br /> <br />(b]1 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 />lc) The covenants and agreements contained herein shall bind, and the rights inure to, the respective <br />successors and assign.<; of the Mortgagor and the Mortgagee. <br /> <br />Cd11 All Ciovenants and agreements of the Mortgagor are joint and several. <br /> <br />(el The headings of the paragraphs of this Mortgage are for convenience only and shall not be used to inter- <br />pret or deCme the provisions hereof. <br /> <br />13. Rflleue. Upon payment of all sums secul'l~d by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shaILI execute and deliver a satisfactory release therefor. <br /> <br />IN WlITNESS WHEREOF. Mortgagor has executed this Mortgage on the _..L:L day of <br /> <br />111"1 v <br />.. <br /> <br />.19.a:L. <br /> <br />,>< . "'':lo <br /> <br />/~ \., ..., <br /> <br />(Dean 1':. \1olte) <br /> <br />B04-fOWU. <br /> <br /> <br />Borrowt\i;r <br /> <br />State of Nebrll$u, Ha 11 <br /> <br />County ss: <br /> <br />On thill, 11th day of July , 19Ji.L.., before me. th~.~~igned, a Notary Public <br /> <br />duly commissjioned and qualified for said county, personally cam~":'". Dean~. Wolf J-'~nd Judith A. <br /> <br />Wolfe , to me known to be the <br />identical pel'S(ln{s) whose name(sl are subscribed to the foregoing instrument and acknowledged the execution thereof <br /> <br />to be ~~__ voluntary act and deed. <br /> <br />Witnt'SSmyhand and notarial seal at <br />date .aforesaid. <br /> <br />Grand Island. NE <br /> <br />in said county, the <br /> <br /> <br />My Commission exPiTeS.J;: <br />~_.......,.. I 1 <br />MMGEMUmT <br />., lHm. &p. Oct 10, 1986 <br /> <br />....:;.~ <br />;"........ 1"1 <br />/.rJ - . <br />~ "(~A'~/t ~ <br />.. , " <br />v <br /> <br />./"-) ..-L- <br />.:.."'),).:. c! h ~ <br /> <br />Notary Publie <br /> <br />(Spac~ Below 'flU< Li.ne.a....".ve;:lFox Le"d~r and a""order) <br /> <br />") <br /> <br /> <br />J <br /> <br />j' <br />f <br />~ <br /> <br />t <br />