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<br /> <br />83-..004368 <br /> <br />5. Mortgagee may, but shall have no obligation, to do <br />any act whi, ch the Mortgagor has agreed but fai I s to do, and <br />Mortgagee may also do any act it deems necessary to protect <br />the lit!ir'l'herefof. M6rtgagor agrees to repay, upondeniand, any <br />sUffis's6 e!',.(pendedby the Mortgagee f'or the'abovepurposesi and, <br />any sums soe'Xpended by 'the Mortgagee shall be added.to the <br />i ndetftec:fness'seC.Llred hereb'y and becQmesubJect t.o the 1 i err' <br />hereof. Mortgagee shall not incur any personal liabililty <br />because of anything it may do or omit to do hereunder. <br /> <br />6. Tinri!?is the essence hereof, and upon Mortgagor's <br />default in any covenant or agreement of this Mortgaga, <br />including covenants to pay when due the sums secured by this <br />Mortgage, the Mortgagee !Shall be entitled, at its sol.eoption <br />and without notit:e,to declare all sums secured by this <br />Mortgage to be immediately due and payable and may commence <br />foreclosure of this Mortgage by judiCial proceedings; and, <br />provi ded further, that upon such defaul t t,he 1'10rtgagee, or a <br />receiver appointed by a court, may at its option and without <br />regard to the adequacy of the securi tv, enter Llpon and take <br />possession of the Property and collect the rents, issues and <br />profits therefrom and apply them first to the cost of <br />collection and operation of the Property and then upon the <br />indebtedness secured by this Mortgage; said rents, issues and <br />profits being assigned to the Mortgagee as further security <br />for the payment of the indebtedness secured hereby. <br /> <br />7. If all or any part of the property is sold or <br />transferred without the express written consent of the <br />Mortgagee, Mortgagor may at its sole option. declare all sums <br />secured by this Mortgage to be immediately due and payable. <br /> <br />8. Any forebearance In exerciSIng any rlght or remedy <br />shall not be a waiver thereof. <br /> <br />9. All remedIes provided herein are distinct and <br />cumulative to any other right afforded by law or equity, and <br />may be exercised concurrently, independently or successively. <br /> <br />10. The covenants and agreements contained herein shall <br />bind, and all rIghts Inure to, the respectIve succe;asors and <br />assigns of the Mortgagor and the Mor-tgagee. <br /> <br />11. All covenants and agreements of the Mortgagor and <br />the Mortgagee are JOInt and several. <br /> <br />12. Upon payment o.f all sums secLlred by thi s Mor.tgage, <br />Mortgagee shall discharge this Mortgage and shall execute and <br />deliver a satisfactor'y release ther'efor. <br /> <br />IN WITNESS WHEREOF. Mortgagor has executed this Mortgage <br />on the __~~t;!I__day of __~~'LuE.!___._n____'____.' 1983. <br /> <br /> <br />,./1--- /afl~ ~~----- -4--~(,(-----'"-"--- <br />~~~------- --~'4iI:'-J-1l.1J....----tLi,D..hLd.i5 <br /> <br />ST~E OF ~BRAS~A, HALL CQunty 55: <br /> <br />The foregoing instrument was acknowledged before me HilS <br />___~l!!>.Ec...!~L_l~!!!____,__ by Gerald A. Jantzi and Sophia Jantzi. <br />tlu~d<lUld w~f.J and Aotonio Tdrikidis and Chri1&1:ina <br />Tzirikidi.~ huall<U)d and wife. <br /> <br />1~?fe~:2'- <br />__.::'_ ":::___~,;,':'::"J.:5~~"?':::?.5~__ <br />NQt~ty Public <br /> <br />