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7. ~oodemoatJon. In the erent the Property, oraay part thcreo[, atnU be taken by eminent domain, the Mortgagee
<br />faempowered to coUest sad reoelre aU compenaatton yrldch may bo paid for any property taken or for damages to pa»)+etty
<br />not taken, and 3Nortgsgee shall apply ouch' compensation, at its option, either to a reduction of the.indelrtednasa seonred
<br />tiareby or to repair-and restore the punpertp-w damaged:
<br />8: Performance by Mortgagee Mortgagee ma?!, bat shall have no obllgaUoa; to do any'act. which the Mortgtgoc
<br />bes_ sgeeed but tails to do, and Mortgagee may oleo do any act it deems necessary to-protect the Uen hereof. Mortgagor
<br />agrees to repay, upon demand, any surm so expended by-the Mortgagee. for the above purposes, and any sums so expended
<br />try the Mortgagee shall be added t0 the indebtedness secured hereby and become subject to the-lien hereof. Mortgagee
<br />shalt not incur anypersorial liability because of anything it may do or omit to do hereunder.
<br />9. Default; Assignment of-Rents '15me is of thressence hereof; and'upon Mortgagor'sdefaultinany;cuvenant-
<br />ora~eerrmatofthtsMottgage,induding covenants to paq when due the sums secured by this Mortgage; the:Mortgagee shell
<br />be' entitled', at its sole optioh and without notice, to dedarn all sums secured by this. Mortgage.to be immediately due and
<br />payable aad may commence torecloaure 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 of the-
<br />security, eater upon and .take posseesfon of the Property and collect the rents; issues and profits therefiom snd apply.them
<br />first to fife Bost of collection and operation of the Property-and then upon the indebtedness secured Dy this,Mortgag~e;
<br />said rents; lasses and profits being assigned to the Mortgagee u further security for the payment of the indebtedness-
<br />secured hereby.
<br />10. 14anster of Property. If all or any part of the Property is sold or traasferted without the express written ewr-
<br />sent of the Mortgagee, Mortgagee may at its sole option, declare all sums,secured by ttiis Mortgage to be immediately due'
<br />and payable:
<br />11. Future Advances. Upon request of Mortgagor, Mortgagee may make- additional and. tutare advances to
<br />Mortgagor. Such advemces, 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 6y-this
<br />Mortgage, not inducting sums. advanced to protect the security of this Mortgage, exceed the original Note.
<br />22. Miscellaneous Provisions.
<br />(s) Any forebearance in exercising any right or rnmedy shall not be a waiver thereof
<br />(b) Alt remedies provided herein are distinct and cumulative to any other right afforded by law. or equity,
<br />and may be exercised concurrently, independently or successively.
<br />(e) 'the covenants 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) ,911 covenants and agreements of the Mortgagor are joint and several.
<br />(e) 'I9la headings of the paragraphs of this Mortgage are for convenience only and shall not be used to inter-
<br />- prat or define the provisions hereof.
<br />13: Release. Upon payment o[ all sums secured by this Mortgage, Mortgagee shalt. discharge-this Mortgage and
<br />shall execute and deliver a satisfactory release therefor:
<br />IN W1TNF.S3. WHEREdF, Mortgagor has executed t Mortgage on thel5th bey of November ,19 82 .
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<br />Delbert D
<br />Theer ~ nouow~•
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<br />Fieasmeyer aorrower
<br />State of Nebraska, Hall County ss:
<br />t1a this 15th bey of Novanber 19 ~ ,before me, the undersigned, a Notary Public
<br />duty commissioned and qualified for said rnunty, personally came Delbert D. ')11eaSineyeY' and IfTis A.
<br />Theastpeyer, Husband and.Wife , to me known to he the
<br />identical person{sj whose name{s) are subscribed to the foregoing instrument and acimowledged the. execution thereof
<br />to be his and her voluntary act and deed.
<br />Witaeas: my hand aad.notatid set at Gz'a.nd Island, Nebraska, in said county, the..,
<br />date aforesaid.
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<br />MY Commission expires: DUANf >x'kaL6SON ~1 ~ ~ • ., ,~.
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