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T, !Cerndemniation. in ttse event the Property, or any pace Thereof, s;hail be taken by eminent domain„ th;e Mortgagee <br />is ernpnwer~~wl to c^.rslle~t and receive ail compensation which may be paid for any property taken or for damages to property <br />not taken, aind hlortglsgee stsail apply such compensation, at its options, ei'tther to a reduction of Use indebtedness secured <br />hem lby or tai rnpa:r and restore the property so damaged. <br />S. Perfarmance by Mortgsgee. Mortgagee may, but shall have rw oldi~tion, to do any act which tlse Mortgagor <br />has agszed but fails to do, and 3iortgagee may also do any act it deems necesrary to protect the lien hereof. Mortgagor <br />agrees to repay, upon demand, any terms so expended by Use Mortgagee for the above purposes, and any sums so expend <br />by the Mortgagee shall be added to Use indebtedness secured hereby and become subjeM to the lien hereof. Mortgagee <br />shall not incur any personal liability because of anything it may do or omit tc do hereunder. <br />9. Default;-Assignmenk o[ Reata. Time is of the essence hereof, and upon Mortgagor's default in any covenant <br />or agreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee shad <br />tce entitled, at its sole option and without notice, to declare all Burns secured by this Mortgage to be immediately due and <br />payable and map commence foreclosure of this Mortgage by judicial proceedings; and, provided furUser, that upon such <br />default the Mortgagee, or a receiver appointed by a court, may at its option and without regard to the adequacy oP the <br />security, enter upon and take possession oP the Property and collect the rents, issues and profits therefrom and apply them <br />first to the cost of collection and operstion of Ure Property and then upon the indeb;xdaess 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 />e__ _< .,..~_~ <br />iv. aaa'u5aca va ravtrcrvy. if ail yr ai>y part ~f the irO}recay u ~(ird u[ tYauSfeiied without uie ea~rrraS wT;ttEu t~vu- <br />sent oP 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 of Mortgagor, MortgaR~ may make additional and future advances to <br />Mortgagee. Such advances, wi%h interest thereon, shall be secured by this Mortgage when evidenced by pmmistory notes <br />stating- that said notes are secured hereby. At no time shall the principal ameunt 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. Miscellaneous Provisions. <br />{a) P.ny Pore~ararsce in exercising any right or remedy shat: not be s rsiver thereof. <br />{b) All ~ :,cities prsvided herein are distinct and cumulative to any ctaher right afforded by law or equity, <br />and may be exercised concurrently, independently or successively. <br />(c) The covenants and agreements contained heroin shall bind, and the rights inure to,-the respective <br />successors and assigns of the Mortgagor and Use Mortgagee. <br />(d) All covenants and agreements of the Mortgagor are joint and several. <br />(e) The headings of the paragraphs oP this Mortgage are for convenience only and shall not be used to inter- <br />pret or.define the provisions hereof. <br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shall execute and deriver a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the10#f day of nil _, 19 79 . <br />Wittl~~liam R. Fa>^rall ~__ ~ ~ ao~, eZ- <br />- ar <br />v ~=cxez <br />State of Nebraska, ~' County ss: <br />On this lath day of April _,, 19 79 ., before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came William R. Faxrall arr3 Dorothy. H. <br />Farrell, Fwsbal'xi arri W'.fe , to me known to be the <br />identical peesoa(s)-whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />~~ -his acrd hex voluntary act and deed. <br />eas Bey hard and notarial sea! at GYaTId Isldrid //~~ is said county, the <br />MyCom ~ .~.f',~ l ,~~d .~ ~~ 1~~,.;/~.~i'f".j7~"l.E~.__-:_..:-' <br />~~ Notary Pubne <br />C'~a~ <br />_ --~ taDa« aeiow rri4 [.Inc Reserved For Lewder -nd Recnrdex) <br />C`7 <br />6d '~ ~ ~, ca - u; , <br />~, ~ _ <br />~' <br />~~~j <br />t~ ~ r a c-' ---»,, <br />ti _ ~ <br />~~ ~# ~ ~ :. <br />w ~ <br />