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<br />7- Condemnation. fn the event the Property, or any part thereof, shall be taken by eminent doman, the Mortgagee <br />isempcAwered to collect and receive &[i compensation which may be paid for any property taken or fox damages to property <br />nok taken, and Mortgagee shall apply such compensation, at its option, either to s reduction of the indebtedness secured <br />hereby or to repair and restore the property so damaged. <br />$. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />has agreed but fafls to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor <br />agrees 'to repay, upon demand, any suers 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 aot 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 Mortgagors default [n any covenant <br />oragreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee shall <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 map commence foreclosure of the Mortgage by judicial proceedings; and, prodded 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, eater upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them <br />first to the 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 />10. TraeuiPer 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 be intmed[atety due <br />and payable. <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 eddenced 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 />12. Miscellaneous Provisions. <br />(a) y fcrebea:az;ce in en-ercising a:; :[ght ar ren:-dy she:? not be a -~. _r thereof. <br />(b) Alt remedies prodded herein are distinct and cumulative to any other right afforded by law or equity, <br />and may be exercised roncurrently, independently or suecessively- <br />(c) The covenants and agreements contained herein shalt bind, and the rights inure to, the respective <br />successors and assigns of the Mortgagor and the Mortgagee. <br />(d) All covenants and agreements of the Mortgagor are joint and several. <br />{e) The headings of the pazagraphs of this Mortgage are for convenience only and shall not be used to inter- <br />pret or define the provisions hereof. <br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shall execute and delivee a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage ``qa-Rhe~23rday,~of Fa~~'~~-~; Y9-~82.. <br />(Da~tzd ti. Lillienthal}. nouower- <br />(Ell`en K. Lillienthal} <br />State of Nebraska, Ha11 L'ounty ss: <br />On this ?3rd day of February 19 $2 ,before me, the undersigned, a Notary Publec <br />duly commissioned and qualified for said county, personalty came Tlav; d N _ 1.; 1 1 i enrha 1 and F.7 1 en <br />K. Lillienthal __ ~, to me known to be the <br />idenLecal person{s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />to be tho' r .voluntary act and deed. <br />Witness my hand and notarial seal at t;ranri T G 1 and . ~>• in said county, the <br />date aforesaid. <br />/may <br />My Comneissian expires: G£bt£R.it aarA4X-S:xxe ~ ae8:e-'- J ~~~p i ( i`~ Q/ ~ 3 n L .i' _ <br />lAAP.GE i3dttERT xotarr Public <br />''~~ -- ~7 r..'~'a~ ~. ^..."C. lt3, 898: <br />,b~RJ ,.._-_., o.,...... mu. ,:... n........,, r...ae. end n..,..,.w..~ __--_..__~ <br />~_._ <br />..~„_ _~ v._. _~__._....._ _~___, _______, <br />~~ t <br />~ 413 ~ y ~,,, <br />~~ r< .~ <br />~.' ti <br />~ ~ ~ ~ <br />~x <br />~~ .~ ~ ~ ~ <br />~ ~.. <br />i ` '~ rr.. <br />~ a.. , <br />"may: ~wf"',~~w9 "}Cy',, ,... ~. `,:. ~ ,. <br />ar -a:.:~ ~+' <br />4i,#' tJk t.7 <br />M <br />