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X32 -i ~ l .~~~' ~? 1 4. In the event the Property, or any part thereof, shall be taken by eminent domain, the Mortgagee is empowered to collect and receive all compensation ~~rtiich may be paid for any property taken or for damages to property not taken, and Mortgagee shalt apply such compensati'an, at its option, either to a reduction of the indebtednessr secured hereby or to repair and restore the property so damaged. 5. Mortgagee may, but shall have no obligation, to da any act which the Mortgagor has agreed: but fails to do, and Mortgagee. may also do any act_it deems necessary to protect the lien hereof. Mortgagor agrees to repay, upon demand; any sums so Pzpended by the Mor±gagee for the above purposes, and any sums so-:expended by the Mortgagee shaYl be added to tne-indebteuness.secured hereby and become-subject to the lien .hereof. Mortgagee shall not incur any personal liability because of anything it may do or omit to do hereunder. 6. Time is the essence hereof, and upon h1ortgagor`s default in any covenant or agreement of this Mortgage, including cpvenants: to pay'when'due the sums secured ~, "!orsgage, the Mortgage shall. be e^titlod, at its sole option and :vithotlt ~iotice, to declare all' sums secured by this-Mortgage to be`immediately due and`' payable and may commence foreclosure of this: Mortgage by judicial proceedings'; and, provided `urthe that upon such'defautt the Mortgagee, or a receiver appointed by a court, may at its option and without regard'to the adequacy of the security, enter upon and take possession of-the Property and collect the rents ;sues and profits therefrom and apply them first to the cost of collection and operaticn of the Property and then upon the indebtedness secured by this P4ortgage; said rents, issues ar,d profits being assigned to the i~tortgagee as'further security for the payment of the indebtedness secured hereby. 7. If ail or any part of the pr°perty is sold or transferred without the express written consent of the Mortgagee. Mortgagor may at its sole option, declare aTl sums secured by this Mortgage to be in~nediately due and payable. 8. Any forebearance in exercising any right or remedy sha19 not`be a wai~iei- then°ecr. °. R11 remedies provided herein are distinct and cumulative to any other right afrorded by taw-or equity, and may be exercised concurrently, independent y or successively. 10. The covenants 'and agreements-.contained herein shall bind; and aT1 rights ~,° t°, the respcctir•e successors and assigns ot`che Mortgagor and the ortgagee. 11. ATi covenants'antl agreements of the Mortgagor and he Mortgagee are joint and several. 12. Upon payment of a17 sums secured by this Mdrtgage, Mortgagee shall discharge this '4ortgage and shall-execute and deliver a satisfactory release.therefor.. IN WITfdESS WHEREOF, Mortgagor has executed this-Mortgage on the a~'~ day °f MdX 19 $2. "~~ Randall E. Dubbs _--- ~J l Pamela ~, s STATE OF NEG~AjKA, Nall f_ounty ss~ On this `a9'`' day of Mav _ , 19 32 ,before me, the undersigned, a;Notary P~'!'~"' ~u' ~^^ iSS:ona and gE:al :Tied for:st;ic county, personally came _ __ ___ Randall E. Dubbs and Pamela J. Dubbs husband and wife to me known to be ttre identical aersons whose nar:es are subscribe,) to the foregoing ;nstrument andacknowledged the execution tiarec~ to be their voluntary act :and deed. ~MOTMr•f~raN~bidu Notary ?ubl-'~ _ _,_. T18pMAS Il fiMERTON M} Oo~ E[p Mry ;8, 19M