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7. Condemnation. In the event the Property, or any part thereof, shall be taken by eminent domain, the Mortgagee
<br />is empowered to edleet and receive all compensation which may be pst~ for any property taken or for damages to property
<br />not taken, and Mort~ee shall apply such compensation, at its optlon, either to a reductlon of the indebtedness secured
<br />hereby or to repan• and restore the property so damaged.
<br />8. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which Ehe Mortgagor
<br />has agreed but fails to do, ahd Mortgagee may also do say act it deems necessary to protect the lien hereof. Mortgagor
<br />agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended
<br />by the Moit~egee shalt be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee
<br />shat! not incur any personal liability because of anything it may do or omit to do hereunder.
<br />9. Defsait; Assignment of Rents. 15me is of the essence hereof, and upon Mortgagor's default in any covenant
<br />oragreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee sha1L
<br />be entitled, at its sole option and without notice, to declare all sums secured by this Mortgage W be immediatey due and
<br />payable and may commence foreclosure of this Mortgage by judicial proceedings; and, provided further, that upon sudt
<br />default the Mortgagee, or a receiver 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, issues and profits therefrom and apply them
<br />first to the.cost of collection and operation of the Property and then upon the indebtedness sectued by this 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. If all or any part of the Property is sold or transferred without the express written con-
<br />sent of the Mortgagee, Mortgagee may aL its sole option, declare alt 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 future advances to
<br />Mortgagor. Such advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes
<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, exceed the original Note.
<br />12. Miscellaneous Provisions.
<br />\n
<br />(a) Any forebearance in exercising any right or remedy shall not be a waiver thereof.
<br />(b) All remedies provided hereby axe distinct and cumulative to any other right afforded by-law or equity,
<br />and may be exercised roncurrently, independently or successively.
<br />(c) The rnvenants and agreements contained herein shalt bind, and the rights inure to, the respective
<br />successors and assigns of the Mortgagor and the Mortgagee.
<br />(d) AO covenants and agreements of the Mortgagor are joint and several.
<br />(e) the headings of the paragraphs of this Mortgage ace for convenience only and shall not be used to inter-
<br />- prat or derma the provisions hereof.
<br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and
<br />shall execute and deliver a satisfactory release therefor.
<br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on t;1.~1th day of Npy~rlber _ lg 82
<br />nce ans i ~ eounwer-
<br />J n.~(1J ~v- ~ -~~~
<br />~~rine .. tans i ~ ~~wu
<br />State of Nebraska, Fia11 County ss:
<br />On this 15th day oP Nove[td~er 1982 ,before me, the undersigned, a Notary Public
<br />duly. commissioned and qualified for said county, personalty came Iativrence J. Spotanski and JoAnne h4.
<br />Spotanski, Husband and Wife , to me known to be the
<br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution.thereof
<br />~ be his Arid her voluntary act and deed.
<br />Witness my hand and notarial seal at Grand Island, Nebraska. in said county, the t
<br />date aforesaid. `'
<br />My Commission expires:
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