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7. Condemnation. in the scent the Property, or any part thereof, shall be taken by eminent domain, the Mortgagee is empowered to colect and receive all comperwUon whkh may be paid for any property taken or for damages to property not taken, and Mortgagee shall apply such compematlon, at its option, either to a reduction o[ the indebtedness secured hereby ce to repair and restore the property so damaged. 8. Performance by Mortgagee: -Mortgagee may, but sha0 have na obligation, to do any act which the Mortgagor has aDsaed-bat fails to do, and Mortgagee-may alsudo any act it deems necessary to protect the lien hereof. Mortgagor agrees to repay, upon demand, anp sums so expended by the Mortgagee for the above purposes, and any sums so expended bP the Mortgagee- shalt be -added to -the indebtedness secu.^ed hereby and become subject to the-lien hereof. Mortgagee shall -not incur any personal liability because of anything [t may do or omit to do hereunder. 9. L>efautt; Assignment of Rents. '1 ame is of the essence hereof, and upon Mortgagor's default in any covenant oragteemeM otthisMortgage; induding coveaaats to pay when due the sums secured by this Mortgage, the Mortgagee shall be entiHed, at its sole. option and without notice, to dedare all sums secured by this Mortgage.to be immediately dne and payable and may commence toredosare of this Mortgage by judiciei proceedin®s; and, provided further, Lhat upon such default the Mortgagee, or a .receiver appointed by a court, may at its option and without regard to the adequacy of the security, enter upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them- 8tat to the cast of collection and operation of the Property and then upon the indebtedness secured Dy this Mortgagee; - said rents; rues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness secured hereby. 10. Transfer of Property. If all or any part of the Property is sold or transferred without the express written con- sent of the Mortgagee, Mortgagee may at iLS sole option, declare all sums secured by this Mortgage to be immediately due and payable. 11. Future Advances. Upon request of Mortgagor, Mortgagee may make additional and future advances to Mortgagor. Such.advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no-time shall the pnndpal amount of the indebtedness secured by-this Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. 12. MisceUaaeons Provisions. (s) Any forebesrance in exercising any right or remedy shall not ire 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 ~oncurrently,independentty or successively. (c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective successors and assigns of the Mortgagor aad the Mortgagee. (d) Ali covenants and agreements of the Mortgagor are joint and several. (e) The headings of fire paragraphs of this Mortgage are for convenience only aad shall not be used to inter- - prat or define the provisions hereof. 13: Release. Upon payment of all sums secured by this Mortgage; Mortgagee shat( discharge this Mortgage and shall execute and delivers satisfactory release. therefor IN WITNESS. WHEREOF, Mortgagor has executed this Mortgage on the 5th day of No r lg 82 _ ~/ e i rt aounwer• rends e rt ~-_ Hoaower State of Nebraska, H&lI County ss: Oa ~~ 5th day of Novsnber 19 82 ,before me, the undersigned, a Notary Public - duly commissioned and qualified for said county, personally came Alichael NetiUeX't and I3rerida N@UbeTt Husband and Wife- , to me known to be the identical. person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof ~,~ his and hex roluncary sot ana sees. Witness my hand: and notarial seat at Gxand Island, Nebraska in said county, the date aforesaid. C i i ~ { i j// /`' omm ss on exp res: ~ i~ SN~- .. - _ Notary Pa61ic. '~ . -~ -- i'atlat4 Balox 79W lane Reraned Por Lendt+and ReCOrdar) .. ~ L15 awM.it, tBSa J- w - ry~ C.` ~ W q .-`..... - q -~- - Q9 - `t.4 V. ~ f - - - . trrec coca txn aoa atr 4 '; . 5_~