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82004688
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Last modified
3/10/2009 3:39:29 PM
Creation date
2/28/2009 10:46:50 AM
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DEEDS
Inst Number
82004688
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<br />~2-ilf)~1£ts8 <br />4. In the event the Property, or any part thereof, shall be taken by eminent <br />domain, the Mortgagee is empowered to collect and receive all compensation which <br />may be pa#d for any property taken or fos damages to property not taken, and Mortgagee <br />shall apply such compensation, at its option, either to a reduction of the indebtedness <br />secured hereby or 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 lien-hereof: Mortgagor agrees to repay, upon demand, any sums so expended <br />by the Mortgagee for the above purposes, and any sums sb expended by the'Mortgagee- <br />sha11 be added to the indebtedness secured hereby and become subject to the lien <br />hereof. Mortgagee 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 default in any covenant <br />cr agreeruent cf this Mortgage, including covenants to pay when due-the-sums secured- <br />by this Mortgage; the Mortgagee shall be entitled, at its sole option and without- <br />notice, to declare all sums secured by this tortgage to be immediately due and <br />payable and-may commence foreclosure of this Mortgage by judicial proceedings; <br />and, provided further, that upon such default the Mortgagee, or a receiver <br />appointed by a court, may at its option-and without regard to the adequacy of the <br />security, enter upon and take possession of the Property and collect the rents <br />issues-and profits therefrom and-apply them first to the cost of coltectinn and <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 the payment of the indebtedness secured hereby. <br />7. 1f ail 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 />8. 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 be exercised concurrently, independently or <br />successively. <br />l.O. The soverants and agreements contained herein shall bind, and alt rights <br />inure to, the- respective successors and assigns of the Mortgagor and the Mortgagee. <br />II. All covenants and agreements of the Mortgagor and the Mortgagee are joint <br />and several. <br />>;2. Upon payment of alt sums secured by this Mortgage, hiortgagee shall discharge <br />this Mortgage and shall execute and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgaggor has executed this Mortgage on the 30th day <br />of October 19 82 <br />~, <br />---'`He y R. R od <br />~~. __ <br />Loretta M.~h ~ d <br />STATE OF NEBRASKA, Hail Gvunty ss: <br />pn this 30th day of October I98~ ,before me, the undersigned, a Notary <br />Public duly commissioned ar~d qualified for said county, personally came Henr~R. Rhoda <br />3{ld~,,gretta M: Rhoda, husband & wife _, to me known to be the identical <br />persons whose namms are subscribed to the foregoing instrument and acknowledged the <br />execution-thereof to be their voluntary act and deed. <br />~~lotary Pub1'ic <br />
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