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~_.._ <br />82--~~,G03'~ <br />lMortgag+ee {whether electing to declare the whole mortgage due and <br />~~ollectible or rot?, may, but need not, effect such insurance, <br />affect such repairs, pay such taxes and special assessments, and <br />311 such payments with interest thereon at the highest legal rate <br />.applicable'to a'natural person, from time of payment shall be a <br />.lien against the Property. <br />5. ACCEDERATI'ON AND RECEIVERSiiIP. If default shall be <br />made in the payment o the Note, or any part of the interest <br />'thereon, or any other advance or obligation which may be secured <br />thereby, such as taxes, special assessments, insurance and repairs, <br />or if Mortgagors shall suffer or commit waste on or to the Property, <br />or if there shall be a failure to comply with any and every condi- <br />tion of this Mortgage, then, at the option of the Mortgagee, the <br />~+Tote and the whole of the indehtedness secured by this Mortgage:, <br />including all payments for taxes, assessments, repairs, or insur- <br />ance premiums, shall become due and shall become collectible at <br />once by foreclosure or otherwise after such default or failure., <br />and with notice of default as provided in the promissory note <br />which this Mortgage secures. At any time after the commencement <br />of an action in foreclosure., or during the period of redemption., <br />the Mortgagee shall have the right to have a receiver appointed <br />to take immediate possession of the Property and of the rents and <br />profits accruing therefrom, and to rent the same as the Receiver <br />may deem best for the interest_ of all parties concerned, <br />6. MSSCELI,ANEOLiS. The term "Mortgagors" and "Mortgagee." <br />as used herein., znclu es successors in interest. fihis Mortgage <br />shall be construed in accordance with the taws of the State of <br />Nebraska. The maturity date of the note is February 1, 1.992. <br />Each. party signatory to this Mortgage hereby releases, waives, <br />and relinquishes. any dower, homestead, or statutory interest in <br />this Property or any part thereof and waives., 'to tine extent per- <br />mitted by law, any rights of redemption in or as to the Property. <br />7. LITIGATION EXPENSES. In any action or proceeding <br />to be commence except an acta.on to foreclose this Mortgage or <br />to collect the debt secured hereby, to which action or proceed- <br />ing Mortgagee is made a party, or in which it becomes necessary <br />to defend or upho?d the lien of this. Mortgage, Mortgagors shall <br />reimburse Mortgagee upon demand for al.l sums paid by Mortgagee <br />for the expenses, including reasonable counsel fees, of any <br />litigation to prosecute or defend the rights and lien. created <br />by this Mortgage ar otherwise to determine the rights or obliga- <br />tipns of Mortgagee. In any action or proceeding. to foreclose <br />this Mortgage, or to recover or collect the debt secured hereby, <br />the provisions of taw respecting the recovery of costs:, disburse- <br />. menu and allowances shall prevail unaffected by this Article. <br />8. RDDITZONAL PROVISIONS. This Mortgage stall become <br />void and the Mortgagors: emit e 'to a release in recordable form <br />upon full payment of the Note, including any accrued interest, <br />and all other payments made by the Mortgagee and secured by this <br />Mortgage. <br />The: Mortgagors have executed this Mortgage as of the <br />day and year first above written. <br />_.~ ~; <br />,~SG~RI~A, DREAER <br />E3~3'TY ~ ~ItEHE~t v <br />_2_ <br />