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<br />83- 004510 <br />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 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.byMortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortg~or <br />has agreed but faUsto do, and Mortgagee may alsodo 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 th~ above purp!JS4!s,and anY sums so expended <br />by: the Mortgagee shall be added to the indebtedness secured hereby and llecome subject to the lien hereof. Mortgagee <br />shallilotincurany personal liability because of anything it may do or omit to do hereunder. <br /> <br />9: Default; Assignlllent or Rents; Time is of the essence hereof, and upon Mortgagor's default in anycovel18llt <br />or agreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the MortgageeshaJl <br />be entitled, at its sole' option and without notice, to declare all sums secured by this Mortgage to be immediately due and <br />payable and may commence foreclosure oCthis 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 />filsttothe cost of collection and operation of the Property and then upon the indebtedness secured by this Mortgagee; , <br />said rents, issues and. profits. being assigned to the Mortgagee as further security for the payment of. the indebtedness <br />secured hereby. <br /> <br />10. Transfer 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 SUMS ,secured by this Mortgage to beimmediateiy due <br />and payable. <br /> <br />11. Future 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 />stating that said 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 exercising any right or remedy shall not be a waiver thereof. <br /> <br />(b) 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 />(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 /> <br />(d) All covenants and agreements of 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. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shall execute and deliver a satisfaetOl'Y release therefor. <br /> <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on thtil-2.th day o! AlIElIS t <br /> <br />,1983-. <br /> <br />,----- <br />- -=>.,....r -.-:-=----1 <br /> <br />;.~r~' >'t.> <br />. i '/.. <br /> <br />~,i> <br /> <br />/1-.- <br /> <br />BoU"Ower' <br /> <br />t~'- _ . ' <br /> <br />Ii <lc:~,{/~ <br />,~__ L. <br /> <br />0}' <br /> <br />I <br /> <br />~---\.... <br /> <br />---. <br /> <br />Borrower <br /> <br />State of Nebraska, <br /> <br />Hall <br /> <br />County ss: <br /> <br />On this 19th day of Augus t , 19~, before me, the undersigned, a Notary Public <br /> <br />duly commissioned and qualified for said county, personally came Dale Schuppan of sippan 's <br /> <br />Sales and Service, Inc. ,tomeknowntohethe <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof <br /> <br />his <br /> <br />to be <br /> <br />voluntary act and deed. <br /> <br />Witncssmy bandl\lld notarlal seal at Grand Island, Nebraska <br />date aforesaid; <br /> <br />in said county, the <br /> <br />My Commission expires: <br /> <br />~. ~ ~ -........ <br />". ..~ <br />CIlIa e.......... <br /> <br /><h~ Ai' !:J (I <br /> <br />1 . f' <br />/m. ,~i/\.t~ <br />No hUe <br /> <br />(SP~ Below This Line Reserved For Lender and Recorder) <br /> <br />W1IC 10llll OlQ.aoJ Z/80 <br />