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7. Condemnation. In the event the Property, or any part thereof, shad be taken by eminent dotnain, the Mortgagee
<br />is empowered to collect and receive all compensation which may be paid for any property taken or for damages to property
<br />not taken, and Mortgagee sha[I 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 by Mortgagee. Mortgagee may, but shalt have no obligation, to do any act which the Mortgagor
<br />has agreed but [ails 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 the above purposes, and any sums so expended
<br />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee
<br />shall not incur any personal liability because of anything it may 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 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 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 and without regard to the adequacy of the
<br />security, enter upon and tape possession of the Property and collect the rents, issues and profrta theiehom and apply them
<br />firsk to the cost of collection and operation of the Property and then upon the indebtedness secured by this Mortgagee;
<br />said rents, issues and proC~ts being assigned to the Mortgagee as further security for the payment of the indebtedness
<br />secured hereby.
<br />10. Transfer of Property. If 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'oy this Mortgage to be immediately due
<br />and payable.
<br />11. Future Advtaces. Upon request of Mortgagor, Mortgagee may make additional and future advances to
<br />Mortgagee. Such advances, 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 principa- amount o[ the indebtedness secured by this
<br />Mortgage, not including sums advanced to pmteM the security of this Mortgage, exceed the original Note.
<br />12, Misceilaaeous ProYialUna.
<br />{a) Any forebesrsnce in exercising any right or remedy shai! not be a waiver thereof.
<br />(b) AU remedies provided herein are distinct and cumulative to any other right afforded by law or equity,
<br />and may be exercised roncurrenHy, 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) All 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 shalt not be used to inter-
<br />pret or define the provutions hereof.
<br />13. Release. Upon payment of all sut~ secured by this Mortgage, Mortgagee shall discharge this Mortgage and
<br />atoll execute and deliver a satis[actory release therefor.
<br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the ._.)~hlay of Aor 1 _,_., 19 ~T9
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<br />d~~i, a ei~ l I,onsiructtpn t,ompany
<br />State of Nebraska, ~~~j-. ...(;aunty ss:
<br />On this ~ nth day of - 11pri ~ .~_, 19 79 _, before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personally came RuS5e11 WT 0' Nei 11 and Josephine L.
<br />O'Neill, Husband and Wife and Michael J. O'Neill and June M_ O'Ne1d>mel~~~~~r~ y~rtiyjeWife
<br />Identleal parson(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof
<br />thei r_,__,_, voluntary act and deed.
<br />' T ees my hand and notarial seal at__._.__G1°attd, IS~d-1t1_....._.._-----_.---v. ,__~._____in said county, the
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<br />-~_ iNoUUx Publit
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