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<br />r <br /> <br />83-1105211 <br /> <br />r <br /> <br />property, to keep the property in good condition and repair, without <br />waste, and free from mechanic's or other liens not expLessly sub- <br />ordinated to the lien hereof; not to make, suffer or commit any <br />nuisance to exist nor to diminish or impair the value of the <br />property by any act or omission to act, and to comply with all <br />requirements of law with respect to the property. <br /> <br />6. Performance by Mortgagee. Mortgagee may, but shall have <br />no obligation, to do any act which the Mortgagor has agreed but <br />failed to do, and Mortgagee may also do any act Mortgagee deems <br />necessary to protect the lien hereof. Mortgagor agrees to repay, <br />upon demand, any sums so expended by the Mortgagee for the above <br />purposes and any sums so expended by the Mortgagee shall be added <br />to the indebtedness secured hereby and become subject to the lien <br />hereof. Mortgagee shall not incur any personal liability because <br />of anything the Mortgagee may do or omit to do hereunder. <br /> <br />7. Default; Assignment of Rents. Time is of the essence <br />hereof, and upon Mortgagor's default in any covenant or agreement <br />of this Mortgage, including covenants to pay when due the sums <br />secured by this Mortgage, the Mortgagee shall be entitled, at <br />Mortgagee's sole option and without notice, to declare all sums <br />secured by this Mortgage to be immediately due and payable and <br />may commence foreclosure of this Mortgage by judicial proceedings, <br />and, provided further, that upon such default the Mortgagee, or a <br />receiver appointed by a court, may at their option and without <br />regard to the adequacy of the security, enter upon and take posses- <br />sion of the property, collect the rents, issues and profits therefrom <br />and apply them first to the cost of collection and operation of <br />the property, and then upon the indebtedness secured by this mortgage, <br />said rents, issues and profits being assigned to the Mortgagee as <br />further security for the payment of the indebtedness secured hereby. <br /> <br />8. Transfer of Property. If all or any part of the property <br />is sold or transferred by the Mortgagor, Mortgagee may, at their <br />sole option, declare all sums secured by this Mortgage to be <br />immediately due and payable. <br /> <br />9. Miscellaneous Provisions. <br /> <br />A. Any forbearance in exercising any right or remedy <br />shall not be a wiliver thereof. <br /> <br />B. All remedies provided herein are distinct and <br />cumulative to any other right afforded by law <br />or equity, and may be exercised, concurrently, <br />independently or successively. <br /> <br />C. The covenants and agreements contained herein shall <br />bind, and the rights inure to: the respective <br />successors, heirs, and assigns of the Mortgagor <br />and the Mortgagee. <br /> <br />D. All covenants and agreements of the Mortgagor <br />are jOint and several. <br /> <br />E. The headings of the paragraphs of this Mortgage <br />are for convenience only and shall not be used <br />to interpret or define the provisions hereof. <br /> <br />10. Release. Upon payment of all Slli~S secured by this Mortgage, <br />Mor'tgagee shall discharge this 1o\ortgage and shall execute and deliver <br />a satisfactory release therefor. <br /> <br />.~. <br /> <br />IN WITNESS \iHEREOF, Mortgagor has executed this Mortgage on <br />the ..JLL day of ",ept.mllbe:rl ')83 <br /> <br /> <br />~_~..-~~_J; . l"--i~'~'j ~-J'/ ~..~,__.,_~,~~~____n^~ <br />Connie K. Bernt, MORTGAGOR <br /> <br />-2- <br />