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7. Condemnation. In the event the Property, or any pert thereof, shell be taken by eminent domain, the Mortgagee
<br />is empowered to collect and receive all compeneati~ whkh may be paid for any property taken or for damages to property
<br />not taken, and Mortgagee shall apply such competnstlon, at is option, either to a reduction of the indebtedness secured
<br />hereby or to repair end restore the property so dsrnaged.
<br />$. Performance by Mortgagee. Mortgagee msy, but shall have no obligation, to do any act which the Mortgagor
<br />bas 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 stuns so expended by the Mortgagee for the above purposes, and any sums so expended
<br />hY the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee
<br />shalE not incur any personal liability because of anything it may do or omit to do hereunder.
<br />3. th4autt; Alignment o[ Rita. Tnnre is of the essence hereof; and-upon Mortgagor's-default in any cover)ent
<br />or agreement of this Mortgage, including covenants to pay when due the sums secur¢d 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 of this Mortgage by judicial proceedings; and, provided further; that upon such
<br />default the Mortgagee, or a receiver appointed by a court, may at its option and without regard to the adequacy ofthe
<br />securty, enter upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them
<br />first to the cost of collection-and operation of the Property and then upon the-indebtedness secured-by thk 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 Peoperty. If ail or any part of the Property is sold or transferred without the express. written con-
<br />- sent of the- Mortgaged, Mortgagee may at its sole option, declare all sums secured by this Mortgage to bd imm¢dietely due-
<br />- and payable.
<br />11. Future Advances. Upon request of Mortgagor, Mortgagee may make additional and future advances-to
<br />Mortgagor. Such advances, with interest thereon, shalt be secured by this Mortgage when evidenced by promissory_rotea
<br />stating that said notes are secured hereby. At no time shall- the principal amount of the indebtedness secured by this
<br />Mortgage, not including sums advanced to protect the security of this Mortgage, eaceed the original-Note.
<br />12. Miscellaneous Provisions.
<br />(aj Any forebearence 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 roncurrently, independently or successively..
<br />(e) -The covenants and agreements contained herein shall bind, and the rights-inure to, the respective
<br />successors and assigru of the Mortgagor and the Mortgagee.
<br />(d) -All covenants and agreements of the Mortgagor ate joint and several.
<br />(e) The headings of the paragraphs of this Mortgage are for convenience oNy and shall not be used to inter-
<br />pret or define the provisions hereof.
<br />13. Release. Upon payment of alt sums secured by this Mortgage, Mortgagee shall discharge t'nis Mortgage- and
<br />shall execute and deliver a satisfactory release therefor.
<br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the ~ day of November , 19 82 .
<br />1 / ~ a
<br />!_~~ien~E~. Fitzge~~tl ~ ~;a ao%=owK'
<br />(Colleen G. Fitzgerald ~ aorrorve[
<br />State of Nebraska, Hall County ss:
<br />On this 4th day of November _ 19.$2_, before me, the. undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personally came St van F. Fi r~,ggrald and
<br />- (:ol l a~ F~3,Rera1 d to me known to be the
<br />identical person(s) whose natee(sj are subscribed to the foregoing instrument and acknowledged-the executioq thereof.
<br />to be thP; r voluntary act and deed.
<br />Witness my hand and notarial xal at Grand Tsland~ NE in said county, the
<br />date aforesaid.
<br />My Commission expires: `f~'')'' i' ~ .~ ----
<br />-~' QIMtYIiI(R~fiM['>MiallM. ~'~ . 1 ^ ~~e. ~c L''
<br />Notarr Public
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