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7. Condemnation. In the event the Property; orany part thereof, shell be taken by eminent domain, the Mortgagee is empowered to collect and receive aU compensation which may be paid for any property taken or for damages to property not taken, and Mortgagee shall apply such compensation, at its option, efWer to a reduction of the indebtedness secured hereby or to reptdr and restore the property so damaged. &. Performarree by Mortgagee. Martgagee may, but shalt have no obligation, to do any act which the Mortgagor has agreed but faits to do, and Mortgagee may also do anq act it deems necessary to protect the lien hereof. Mortgagor agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended by We Mortgagee shalt be added to the indebtedness secured. hereby and become subject to the lien hereof. Mortgagee shall not incur any pensonai liability because of anything it may do or omit to do hereunder. 9. Default; Assignment of Rents. Time is of the essence hereof, and upon Mortgagor's default in any covenant oragrcementof this Mortgage, including covenants to pay when due the sums secured by this Mortgage; the Mortgagee shall tie- entitled, at its sole option and without notice, to declare all sums secured by this Mortgage to be immediately due sod payable and may commence foreclosure of this Mortgage by judicial proceedings; and, provided further, that upon such default the Mortgagee, or a receiver appointed by a court, may at its option and without regard to the adequacy otthe security, enter upon and take possession of the Froperty and coLect the rents, issues and profits there8nm and apply them first to-the cost of collection and operation of the Property and then upon the. indebtedness secured by this Mortgagee; said rents; issues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness secured hereby. 10. Tranater of Property. 1f all or any part of the Property is sold or transferred without the express written con- sent at the Mortgagee, Mortgagee may at its sole option; declare all sutras secured 6y this Mortgage to be immediately due and payable. 11. Future Advances. Upon request of Mortgagor, Mortgagee may make additional and fYrture advances- to Mortgagor. Such advances, with interest thereon, shall be secured by khis Mortgage when evidenced by promissory notes stating that said notes are secured hereby..4t no time shall the principal amount of the indebtedness secured by this Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. 12. Miscellaneous Provisions. (a) Any forebearance in exercising any right or remedy shall not be a waiver thereof. (b) All remedies provided herein are distinct and cumulative to any other right afforded by -law or equity, and may be exercised concurrently, independently or successively. (c) the rnvenants and agreements contained herein shall bind, and the rights inure to, the respective successors and assigns o[ the Mortgagor and the Mortgagee. (d) Ail covenants and agreements of the Mortgagor are joint and several. (e) The headings of the paragraphs of [his Mortgage are for convenience only and shall not be used to inter- - prat or define the provisions hereof. 13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and shall execute and deliver a satisfactory release therefor. IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 3rd day of November 1982_. ~ (M> c de in er Ba:rower ~l ,r ~ Patricia ~~. Enc nge~f ~ .wawa State of Nebraska, Hail -County ss: On this 3rd day of 'November 19$E_, before me, the undersigned, a Notary Public duly commissioned and qualified for said county, personalty came- Michael L. Encinger and Patricia A F*+c~gRr , to me known to be the identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof to be their voluntary act and deed. Witness my hand and notarial seal at Grand Island. NE in said county, the date aforesaid. My Commission exptees. -'~ ~ "`1 n f ,~. .X~ t~etirYlq-Olsai>~ ~ ~ ~ xutarr enwto ""~--- ~ [Space nerow Thar Line Rerened eor Lender sad Rxorder) ~§ 49 ~M ) - .~"' , v ~ r ~ ~ .. - c~. 1a:. - l,. - - - E4 '$ ~' i. Qt " M~v+ •. r~ } .- ~'*r NHS:Iit$e rk)ia~ aye k „_,S - - - r...a