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?. Condemnation. In the e+ent the Property, or any part thereof, shat! be taken by eminent domain,the Mortgagee <br />is empowered to collect and receive a€! compensation which may be paid for say property taken or tar damages to property <br />noG: tairen, and Mortgagee shell apply such compensation., at its option, either to a reduction of the indebtedness secured <br />hereby ar to repair and restore the propextyso dama^,ed. <br />E~. Performa>sce by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />has agreed but. fails to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor <br />agrges to repay, upon denumd, any sums so expended by the Mortgagee for the above purposes, and any sums so expended <br />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee <br />shall:not incur any personal liability because of anything it may do or omit to do hereunder. <br />9. Default; Assignment of Rents. Time is of the essence hereof, and upon Mortgagor's default in any covenant <br />or agreemment of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee shall <br />be entitled, at 'rts sole option and without notice, to declare all sums secured by this Mortgage .to be7mmediately due and <br />payable and may commence foredosure of this Mortgage by judicial proceedings; and, provided further, that upon such <br />defaujt the Mortgagee, or a receiver appointed by a court, may at its option and without regard to the adequacy of-the <br />security, enterupon and take possession of the Property and collect the rents, issues and profits therefrom and apply them <br />first io the cost of collectlon 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 />10. Transfer of Property. If all or any part of the Property is sodd or transferred without the express written con <br />sent of the Mortgagee, Mortgagee may at its sole option, dedare all sums secured by this hfortgage to be immediately due <br />and payable. <br />11. Etirtnre 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. AL no time shall the principal amount of the indebtedness secured by this <br />Mortgage, not induding sums advanced to protect the security of this Mortgage, exceed the original Note. <br />12. Miscellaneous Provisions. <br />(a) Any forebearance in exercising any tight or remedy shall not be a waiver thereof. <br />(b) Ail remedies provided herein are aisiinct and cumulative to any oilier right afforded by law or equity; <br />and may be exercised concurrently, independently or successively. <br />(c) The covenants and agreements contained herein steal! bind, and the rights inure to, the respective <br />successors and assigns of the Mortgagor and the Mortgagee. <br />(d) All covenants aod'agreements o[ the Mortgagor are joint and several. <br />(e) The. headings of the paragraphs of this Mortgage are for convenience only and shall not be used to inter- <br />pmt or define the provisions hereof <br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shah execute and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the __L2 day of Fah _ _, 19..12. <br />(Edward L. Jand~~ ao:rower <br />,. <br />r ~.t ,~ _ _ ~ _ , ~ <br />(Clara R. 'Janda) Sorx°wer <br />State of Nebraska, Ila~l County ss: <br />On this t qth day of Februar}r 192_., before me, the undersigned, a Notary Public <br />gulycommissionedandquatifled-for said county,persona4ycame Edward L. Janda and Clara R. Janda <br />to me known to be the <br />identical person(s) whose name(s) are subscribed. to the foregoing instrument and acknowledged the execution thereof <br />tgba their volnntaryactanddeed. <br />Witness my band and notariatseal at (,rand Tcland y_yIF. in said county, the <br />date. aforesai$ . <br />-~ <br />6E11fMtaatNti -61y~a•asMaW ~~i'p:~~ ~ '~ ~J -'_.U' <br />My Commission expires.: ~ ~ w }HH l J { !°~.~ 1 i ~.,/~~ ~-- <br />\\ 9. 19x3 Notary PubLe <br />~~ <br />ti `-~` _ <br />,..-.:, (a'Dace Helow Phis Lice Reserved Foz Lender and Recorder) - -~ . <br />0 1 ! ~ ~; <br />..~. C`7r-_ ,~ N c® <br />~ ~ ~~ o ~ <br />~ ~ ~ ~ ~ t>r <br />C] ~ ~ ,a ~ l~ .~ cc ~ a ,~ , <br />t. _ ~+ ca <br />~~ <br />~, <br />