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~.~ <br />7, Cam. In the ev+rnt the Property, ar any part thereof, shall be taken by eminent domain, the Mortgagee <br />is erm~owuttd b od#-rt and rsesiw ~ compensation which may be paid for any property taken or for damages to property <br />nd taken, and ~ sddt apply artrb eoaapenwtlon, at its option, either to a reduction of the indebtedness secured <br />Ibsraby ce to repaaur and restore the property ao damaged. <br />$. P+rtfonmanee by A6ortgagaa. Mortgagee may, but shall Gave no obligation, to do any act whleh the Mortgagor <br />has agreed but !Nk to ~, and Mortgagee may also do any act it deems nerx~ssary to proteM the lien hereof. Mortgagor <br />agrees to ropey, upon demand, say sums w expended by the Mortgagee for the above purposes, and any sums so expended <br />by the Mortgagee atoll be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee <br />shall not incru anq personal liability bepuse of anything it may do or omit to do hereunder. <br />9. thfauit; Assignment of Rents. Time is of-the essence hereof, and upon Mortgagor's detaWt in any covenant <br />oragreement of this Mortgage, Inctuding 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 may commence foreclosure o[ this Mortgage by judicial proceedings; and, provided further, that upon such <br />deLuit the Mortgagee, or a receiver appointed by a court, -may at its optioa and without regard to the adequacy of the <br />security, enter upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them <br />fiat to the cost of collection and operation of the Property and then upon the indebtedness secured by Lhis 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. Transfer of Property. It all or any part of the Roperty is sold or transferred without the express wNtten can- <br />sent of the Mortgagee, Mortgagee may at its sole option, declare all sums secured by this Mortgage to be immediately due <br />and payable. <br />11. Future Advances. Upon request of Mortgagor, Mortgagee may make additional and t5rture advances to <br />Mortgagor. Such advances, with interest thereon, shall be secured by this Mortgage when e~Rdenced by promissorg notes <br />stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secured iiy this <br />Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. <br />22. Miscellaneous Provisions. <br />{a) Any Porebearance 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 concurrently, independently or succes¢ively. <br />(c) The covenants and agreements contained herein shall 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 paragraphs 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 />shalt execute and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 'lt~ph//d//ay///of ~t'~~r , 19 ~2 <br />T'CI-~O ~~~~~j~ Boxrover <br />hfanila Arnold ~QO~er <br />State of Nebraska, Hall County ss: <br />On this 4th day of Ncn't~nber 19 82 ,before me, the undersigned, a Notary Public <br />duty commissioned and qualified for said county, personally came Kirk G. Arnold and 1'lanila Arnold, <br />Husband and Wife ' 1 <br />to me known to be the <br />identical person{a) whose name(s) are subscribed to the foregoing iAStrumeirt and acknowledged the execution tbereot <br />to be his and her voluntary act and deed. <br />Wiktceas mY hand and notarial seal at Grand Isla d, .Tcbraska in said county, the <br />date sforeatid. r/ ~ <br />,.,n.. ~> >~ ,,, . <br />iitetl- tkwyrl t~ubua. _._,..YT~j "' / ~f s G ~s G , <br />~t~k: `~ ~A.-Iwer~ I;` NotuY PuW4C <br />_._.,._..,,,_.._,..~,...._~~...._...p. _..._.-.--.-__.. tyVw /Mluw~ 'tLds Ldn~ Rmerved For Lasater and Recorder) ---- <br />=.i ~ cir O <br />'~ ° <br /># ~ ~ <br />~ ~ - f) <br />~~~ <br />- d„ ;,; ~i <br />3, ~ - ~ <br />:~ <br />,.~. ass <br />