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7. Condemnation. In the event the Property, or any part thereof, shall be taken by eminent domain, the Mortgagee
<br />is empowered Lo collect and receive a<I compensation which may be paid for any property taken or for damages to property
<br />not taken, and Mortgagee shall app"ry such rnmpensation, at its option, either to a reduction of the indebtedness secured
<br />hereby or to repair and restore the property so damaged.
<br />S. Performance by 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 the above purposes, and any sums so expended
<br />by the Mortgagee shalt be added to the indebtedness secured hereby and become subject to the Ilea 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 bents. Time is oY the essence hereof, and upon Mortgagor's default in any covenant
<br />o~ agreement of this Mortgage, including covenants to pay when due the sum, secured by this Mortgage, the Mortgagee shall
<br />be entitled, at its sale option and without notice, to declare ail sums secured by this Mortgage to be immediately due and
<br />payable and may commence foreclosure of this Mortgage fey judicial proceedings; and, provided further, that upon such
<br />default the Mortgagee, or a receiver appointed by a court, may et its option and without regard to the adequacy of the
<br />security, enter upon and take possession of the Property and colizct the rents, issues and profits therefrom and apply them
<br />first to the cast 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. If all 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 paysble.
<br />Il. Futute Advances. 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 motes
<br />stating that said notes ere 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 />I2. Miscellaneous Provisions.
<br />(a) Any forebearance in exercising any eight or remedy shall net be a waiver thereof-
<br />(h) All remed'ees provided herein are distinct and cumulative to any other right afforded by law or equity,
<br />and may >re exercised roncurrently, independently or successlvety.
<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 />(®) The headings of the paragraphs of this Mortgage are for convenience only and shall not be used to ~ater-
<br />pret or define the provisions hereo[.
<br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and
<br />shat! execute and deliver a satisfactory release therefor.
<br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the ._~.Z.L.jtla~v of ._~j2C? ~_~, Z9 ~..
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<br />djb{a 0` Nt=~11 Constructioir ~omp~ny
<br />State of Nebraska, ~~~-.HAS-~__~_______.-_.-------.County ss:
<br />On this 17th -,day of `__ Apri 1 __~, 19._79_, before me, the undersigned, a Notary Public
<br />duly onmmiaatoned and qualified for said county, personally came itU5~g1 l W. ©' Nei 11 and Josephine L~
<br />Q'Neiil, Husband and Wife. and Michael J. O'Neill and June M. O'Nf'~,1~1e~y~a~d~{~¢ Wife
<br />Identical pers~(a) afioae name(al are subscribed to the foregoing instrument and acknowledged the execution thereof
<br />6e .... th@1 r _..._._ voluntary act and deed.
<br />~Wltneas my hand and notary seal at -~--_-Gt'and ~ S1 and _T_~_~~~a_._ rv,__ in said county, the
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