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7. Condemnation. In the event the Property, or any pelt tieereof, shall be taken by eminent domain, Lhe Mortgagee is empowered to collect and receive all compensation which may be paid for any property taken or for damages to property not taken, and Mortgagee shall appty such compensation, at its option, either to a reduction of the indebtedness secured hereby or to repair and restore the property so damaged. S. Performance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor has agreed but fails to do, and Mortgagee may also do -prey act it deems necessary to protect the lien hereof. Mortgagor ag*.ees to rep>+y, open deensnd, any summa so expended by the Mortgagee for the above purposes, and any suers so expended by the Mortgagee .shalt be added to the indebtedness secured hereby and become sublet to the lien hereof. Mortgagee shat! not incur any personal liability because of anything it may do or omit to do hereunder. 9. Befault; Assignment of Amts. Time is of the essence hereof, and upon Mortgagor's default in any covenant or agreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee shall be entitled, at its sole option and without notice, to declare all sums secured by this Mortgage to be immediately due and payable and may commence foreclosure of this Mortgage by judicial pra-~eadings; and, provided further, that upon such default the Mortgagee, or a receiver appointed 6y a court, may at its option and without regard to the adegaacy of the security, enter upon-and take possession of the Property and coIlect the rents, issues and profits therefrom and apply them fiat to the cast 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. Tracasfer of Property. If all or any part of the Property is sold or transferred without the express written rnn- sent of the Mortgagee, Mortgagee may at its sole option, declare all sums secured by this Mortgage to be immediately due ana payable. 11. Future Advances. Upon request of Mortgagor, Mortgagee )nay make additional and future advances to Mortgagee. 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 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. Miacellaneaus 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 ui any other right afforded by law or egairy, and may be ex^rci:xd roncurrently, independently or successively. (c} Tice covenants and agreements contained terein shall bind, and the rights in•~ue Lo, the res; "ve su~^e'sors and assigns of the Mortgagor and the Mortgagee. (d} All covenants and agzeement: of the Mortgagor are joint ae,d several. (e} The hea~iags of the irarig<apis of this Mor+~ge are for coavenienc~ only and shall not be used to intea pret or define the provisions hereof. i3. ttetease. Upon payment of all sums secured by this Mortgage, Mortgagee shalt discharge this Mortgage and snail execute and deliver a satisfactory release therefor. IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 15thday of ~~~~ ,153.. Jf r' r hf ~~ L~, L Z'~ V . Harrower '5~~7'- ~ Horrow+~ State of Nebraska, Hall County ss: pn his 15th day of ~'~-reh _.. 1.9 79 ,before me, the undeaigned, a Notary Public duly commissioned and qualified for said county, personally came IidY'F'V D. Snith and Shirley L. ~12t$ to me known to be the identical persan(s} whose names} are subscribed to the foregoing instrument and acknowledged the execution thereof to be 1215 and her voluntary act and deed. Witness my hand and notarial seal at GT'232d ~~~ in said county, the date aforesaid. ~ My Commission expires: ~ ~~ ~ ~ ~ i r _ ~ J ~~ ~ ~~ 6Elt€.i~: A."SARr • S~Se a: sr~~.' `r"'~ -t No:ary e'ubiic "~ ~:'~ _ .t ill. dPtgl~S - Dmee Below Tail Line Reserved For Lender and Recorder) L ~~ U3 ~'' _ ~ .~ ~.~ ~~ C~ ~ ~ ~ ii ~ .rte s ` G -- w ~ cr- _ ~~- ~ ir..' ~ - y~ r.~ `- ry V: G7 r~