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7. Condemnation. In the event the Property, or any part thereof, shall be taken by em[nent domain, the Mortgagee <br />is empowered to caliect and receive all compensation which may be paid for any property taken ~r for damages to property <br />not taken, and Mortgagee shall apply such. compensation, at its option, either to a reduction of the indebtedness secured <br />hereby or to repair and restore the property so damaged. <br />8. Performance 6y Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />has agreed but fails to do, and Mortgagee may also do any act it deems necessary to protect the lien hereof. Mortgagor <br />agrees to repay, upon demand, any sums so expended by the Mortgagee for ti=e above purposes, and any sums so expended <br />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to tfie lien hereof. Mortgagee <br />shall not incur any personal liabi}ity because of anything it tray 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 />or agreement of this Mortgage, including covenanbs to pay when due the sutza secured by this Mortgage, the Mortgagee shall <br />be entitled, at its sole option and without notice, to declare alt sums secured by this Mortgage to be immediately due and <br />payable and may commence foreclosure 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 end without regard to the adequacy of the <br />security, enter upon and take possession o[ the Property and calieet the rents, issues and profits therefrom and apply them <br />Srst 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 ati or any part of the Property is sold or transferred without the express written can- <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. Future Advances. Upon request oP Mortgagnr, Mortgagee may make additional and future advances to <br />Mortgagee. Such advances, with interest therann, 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, notsncluding sums advanced to protect the security of this Mortgage, exceed the original Note. <br />12. Miscellaneous Provisioas. <br />{al Any forebearance in exercising any right or remedy shalt not be a waiver Wrereof. <br />(b) All remedies provided herein are distinct and cumulntive to any other right attorded by -aw or equity, <br />and may be exercised. ooncurrentiy, 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} AN 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 shah not be used to inter- <br />pret or deGtre the provisions barest. <br />18. Release. Upon payment of al: sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shall exeBUte and deliver a satisfactory• release therefor. <br />1N 9YITNFS$ WH)aRRQF, Mortgagor has executed this Mortgage on the 9~t day of N{ar~ , 1979 <br />~. ~ <br />f t ,-, <br />r - F ~.- <br />t~~"~ Ea-l~ ~~aa~cf't _`-- _ aarrawsr <br />State of Nebraska, fTATJ. V____, _ County ss: <br />Un this 9th day of ~'~ t9.7g , 6etore me, the undersigned, a Notary Public <br />duty coa&mtsaloned and quallttad for said Bounty, personally came ~~~~ V. Ratllien and (~arlerre R, <br />12athjen, Husband aryl Wife _ , to me known zo be the <br />Identigd person(a) whose tuaoa{e) are subscribed u> the foregoing instrument and acknawiedged the execution thereof <br />W be hiEt ~7d ham.' voluntary set and deed. <br />tRitae~ ray band sad nadaurlal seat at. ~' TL~1R1Y1 - in said county, the <br />id . expicos:lf, . ~ r/f+'tl~"''o .__. ..fki~ar~tiL~ "~~-« _ _ <br />""'"'~~ ~ ~Natyry Y~pne <br />a~~~ ~ <br />.. ~'~ <br />4 t5s~ Hator 1i3~. tins &rraensd far lsader sari X.aaruart.•.~----..-.~_-__...~. ,.m•P_ .-.. _._n,.,•.~_. <br />a- ~ co .~ - <br /> <br />r <br />© ~ ~ ~ ._f -''r"(: - to - - <br />Mi <br />w+ef ~~ K.Yy. CR- <br />~ <br /> , <br />- }`'S ' <br /> <br /> R <br /> <br />