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<br />?, Condemnation. In the event the Property, or eny part thereof, shall be taken by eminent domain, the Mortgagee <br />isempovrered to collect and receive all compensation which may be paid Cor any property taken or for damages to property <br />not taken, and Mortgagee shall apply such. compensation, at its option, etther to a reduction of the indebtedness secured <br />hereby or to repair and restore the property so damaged. <br />9. Performance by Mortgagee. Mortgagee may, but shall gave no obiigatfoa, to do any act which the Mortgagor <br />has agreed'but tails to do, and Mortgagee may also ua any act it deems necessary to protect the lien hereof. Mortgagor <br />agrees ko repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended <br />by the Mortgagee shalt be added to the indebtedness seemed hereby and become subject to the lien hereof. Mortgagee <br />shall not incur any personal liability because of anything it map do or omit to do hereunder. <br />9. Default; Assignment of Rents. Time is of the essence hereof, and upon Mortgagor's default in any covenant <br />oragreement o[this Mortgage, including covenants to pay when due the sums secured 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 toredosure of this Mortgage by judicial proceedings; and, provided further, thak 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, 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 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. IP all or any part of the Property is sold or transferred without the express written con- <br />sent of the Mortgagee, Mortgagee may at its sole option, declare all sums secured by this Mortgage to be immediately due <br />and payable. <br />11, FLture Advances. Upon request of Mortgagor, Mortgagee may make additional and future advances to <br />Mortgagor. Such advances, with interest thereon, shall be secured 6y 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 Miscellaneoos Provisions. <br />(a) Any torebeanmce in exercising any right or remedy shall not be a waiver thereof. <br />(h) All remedies provided herein are distinct and cumulative to any other right afforded by law or equity, <br />and may be exere'ised concurrently, independently or successively. <br />(c) The- covenants and agreements contained herein shall bind, and the rights inure to, the respective <br />successors and assigns of the Mortgagor and the Mortgagee. <br />(d) Alt covenants and agreements of the Mortgagor are joint and several. <br />(e) The headings of the paragraphs of this Mortgage are for convenience only and shad not be used to inter- <br />, pret or define the provisions hereof. <br />13. Selease. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shall execute and deliver a satisfacto)y release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on thel9th day of Navant5er , 19 82 <br />Wiiliazn C. Fischer_`~/J~ ~ )~~w~~ <br />~~~° 6'~l~' GaGwILL~!--- <br />Sharie L. Fischer B°n°"'u <br />State of Nebraska,. Hall. <br />On this- 19tH day of Novenher 19~.-, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came William C. Fischer and Sherrie L. <br />Fischer,- Htlslrattd and Wife , to me (mown to be the <br />identical person(s) .whose name(s) are subscribed to the foregoing instnrment and acknowledged the execution thereof <br />~ be his Arid her voluntary act and deed. <br /> Witness my hand and notarial seal at Grand Island. 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