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<br />82- i-U1;.137 <br />4_ in the event the Property, or any Hart thereof, shall be taken by eminent' <br />domain, the Mortgagee is empowered to colleet and receive aTl compensation which <br />may be paid for any property taken or fcr damaoes to property not taken.; and Mortgagee. <br />shall apply such compensation, at its option, either to a reduction of the indebtedness <br />secured heresy er to repair and restore the property so damaged. <br />5. 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 <br />protect the Tien hereof. h',ortgagar anrees to repay, upon demand, any sums so expended <br />by the Mortgagee for the above purposes, and any sums ~o expended by the Mortgagee <br />shall be added to the indebtedness secured h~rehy~ and. become subject to the lien <br />hereof. tortgagee shall not incur. any personal liability because of anything it <br />may do or omit to do hereunder. <br />6. Time is the essence Hereof, and -upon Mortgagor's c3e#`ault in any covenant <br />or agreement or this Mortgage, including covenants to pay when due the sums secured <br />by this 'M1ortgage, the Mortgagee shall be entitled, at its sole option and without <br />notio., to declare all sums. secured by this Mortgage to be immediate~,y due and <br />payable and may Lommenee'ftireclosure of this Mortgage by judicial proceedings; <br />and, provided further, that updn such default the Mortgagee, or a receiver <br />appointed by a court, may at its option am without regard to the adequacy of the <br />security, enter upon and take :3ossession of the Property and collect the rents <br />issues and profits therefrnm and apply trten~'firsL to the cdst of colTeetion znd <br />operation of the Property and then upon the indebtedness-secured by this Mortgage; <br />said rents, issues and profits being assigned to the Mortgagee as further security <br />for tl?e payment of the indebtedness secured hereby. <br />~_ !f all or any part of the property is sold or transferred without'the express <br />written consent of the Mortgagee, Mortgagor may at its sole option, declare all sums <br />.secured by:this Mortgage-to be immediately due and payable. <br />13. Any forebearance in exercising any right or remedy shall not be a waiver thereof. <br />9. All remedies provided herein are distinct and cumulative to any other right <br />afforded by law or equity, and may ise exercised concurrently, independently or <br />success,vely. <br />10. The covenants and agreements contained herein shall bind, and. all rights <br />inure to, the respective successors and assigns rf the ifortgagor and the Mortgagee. <br />!l. Ali covenants dnd agreements of the Mortgagor and the Mortgagee are joint <br />and sLverad. <br />12. upon payment oi:-all sums secured by this Mortgage, Mortgagee shall discharge <br />this Mortgage and sha71 execute and deliver a satisfactory release therefor, <br />Ira wITNE~S 6iHEREflF, Mortgagor has executed this Mortgage on the day <br />cf _ tlirrh 1982. xX~fQ>dld; _....__._ <br />yi~me <br />_ n <br />STATE GF '3EBPAi:r;A, ~~~_._~~ County 55: <br />~h tnis ""~ day oi` March, I982 Y;!)~16, before me, ,the undersigned, a Notary <br />Pub?ic duly ~~~--isiisaned and qualifit~d for said county, personally came <br />114o`1_~L. Nulme and Kay V. f?uland, husband and wife to roe knovm to be the identical <br />persons Nhose names are subscribed to ire foregoing instrument anal acknowledged the <br />execution thereof tc be their voluntary apt and deed. ~~ <br />r-'~ <br />~~-w~..~wr.+• <br />~w~~~~e~ ~~ ~, otary Pub ~C <br />~/ <br />