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<br />7. Condemnation. Ire the event the Property, ar any part thereof, shall be taken by eminent domain,the Mortgagee
<br />is empowered to collect end reixive ail-compensation which may he paid for any property taken or for damages to property
<br />not taken, and Mortgagee. shat! apply such compensation, at its option, either to a reduction of the indebtedness secured
<br />hereby or#o repair and restoire the property so damaged.
<br />8• Performance by Mortgagee. Mortgagee may, but shad have no obligation; to do any act which the Mortgagor
<br />bets agreed but fails 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 sremc 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. Mbrtgagee
<br />sha11 not incur any perso:ial liability. because of anything'.t may do or omit to do hereunder.
<br />9. Default; Assignment of ltent•;. `15me is of the essence hereof, and upon Mortgagor's default in any rnvenant
<br />or agreement of ibis Mortgage, including r_ovenants to pay when due the salter secured by this Mortgage, the Mortgagee-shall
<br />be entitled, at its sole option and without notice, to declare ail sums secured by this Mortgage.to 6e immediately due and
<br />psiyabie and may commence foreclosure of this Mortgage by judicial proceedings; and, provided further, that upon such
<br />derfault the Mortgagee, or a receiver appointed by a court, may at its option and without regard to the adequacy of the
<br />se~cudty, enter upon and take possession of the Property and collect the rents, issues and profits themfzom-and apply them
<br />Lust to the cost of col4ection and operation of the Property and Lhen upon the indebtedness secured by this Mortgagee;
<br />sakd tents, issues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness.
<br />secured hereby.
<br />30. l~arrster of Property. If all or any part of the Property is sold or transferred without the express writtzncon-
<br />sent of the Mortgagee, Mortgagee may 9t its sole option, declare all sums secured by this Mortgage to be immediately due
<br />and Payable.
<br />i1. Futare Advances. Upor. request of Mortgagor, Mortgagee may make additional and future advances to
<br />Mortgagor. Such advances, wSth interest thereon, shall he secured by this Mortgage when evidenced by promissory notes
<br />svtiag that said pates are secured hereby. At no time shalt the principal amount of the indebtedness. secured by this
<br />Mnrtgage, nest including sums advanced to protect the security of this Mortgage, exceed the. original Note.
<br />12 Miscellaneous ProvFaiorts.
<br />(a} Any forebeanwce in exercising any right or remedy shall not be a waiver thereof.
<br />(b) All remedies provided herein are distinct and cumulative to any other right afforded by law or equity,
<br />and may be exercised concurrent3y, independently or successively.
<br />{c} The covenants and agreements contained herein shall bind, and the rights. inure to, the respective
<br />sutxxssors 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 paragraphs of this Mortgage are for convenience only and shall not be used to inter-
<br />pret or define the provisions hereof.
<br />l8. ite#ease. Upon payment of ail sums secured by this A~ortgage, Mortgagee shall dischazge this Mortgage and
<br />shal- execute and deliver a satisfactory release therefor.
<br />7N biTTNESS W8E1tEUF, Mortgagor has executed this Mortgage on theme day of _.~jpSl t ,19 $~_.
<br />,, ~
<br />!Patrick L. Fitzgera d) Bouower
<br />~~ ~ ~~ti ~. ~" c r.1~ ~
<br />.~ aoaaw~
<br />State of Nebraska, Ha71 _ County ss:
<br />Qn this lb day of April 19 $~ ,before me, the undersi ed, a No
<br />gn tary Public
<br />duly roramissioned and qualified for said county, personally came Patrick L. Fitzgerald and Rita A
<br />Fitzgerald , to me known to be the
<br />identiaat persons} whose names} are subscribed to the foregoing instrument. and acknowledged the execution thereof
<br />to be their voluntary act and deed.
<br />Witness my hand and notarial seek at Grand Island, iiebraska in said county, the
<br />date aforesaid .
<br />My Commission i~E64 a0t1JR~8tatiMaWpY y~~^1 ,-- J
<br />~IA~tsf: ~ ~ Notary Pattie
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