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<br />7. Caademnatioa. }n the event the Property, or any part t}rereof, aahall t,e taken by eminent dornain.the Mortgagee <br />is empowered to eol}ect and receive a0 compensation which may be paid for any property taken or for damages to property <br />~' not taken, and Mortgagee shah apply such compensation, at its option, either to a reduction of the indebtedt~ss secured <br />hereby or to repair and restore the property so damaged. . <br />3. Performance by Mortgagee. Mortgagee may, but shall 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 ko 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 fhe indebtedness secured hereby and become subject to the lien hereof. Mort~gee <br />shall not incur any pecwna} liability because of anything it maq do or omit to 3o hereunder. <br />9. Default, Assignment of Rents Time is of the essence hereof, and upon Mortgagor's default iur any covenant <br />or agreement of this Mortgage, induding covenants to pay when due the sums secured by this Mortgage, the Mortgagee shall <br />be entitled, at ifs sole option and without notice, to declare all sums secured by this Mortgage to be immediately due and <br />payable and maq commence [oreclosure of this Mortgage by judicis} 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 take possession o[ the Property and collect the rents, issues and profits therefrom and apply them <br />k fast to the cwt of collection and operation of the lrioperty and then upon the indebtedness secured by this Mortgagee; <br />said rants, issues and profits being assigned to the Mortgagee as further security for the payment o[ the indebtedness <br />secured hereby. <br />10. Transfer of Progeny. If all or any part of the Property is so:d or transferred without the express written con- <br />e 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 />f <br />= 11. Future Advances. Upon request of Mortgagor, Mortgagee may make additional sad future advances to <br />Mortgagee. Such advances, with interest thereon, shat( 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, not }nduding sums advanced to protect the security of this Mortgage, exceed the original Note. <br />1~. Miace}ianeoua Provisions. <br />(a) Any torebearance is exerdsing any right or remedy shell not be a waiver thereof. <br />(h) AI( remedies provided herein are drstinct and cumulative to any other right afforded by law or equity, <br />and may be exercised roncurrently, 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) Ail 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 shall not be used to inter- <br />pret or define the provisions hereof. <br />23. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shat! ezeeute and deliver a satisfactory release therefor. <br />IN WITNtiSS A'HEREOF, Mortgagor has executed this Mortgage on the Zs~day of r11 _, 19 74, <br />- William ,7, Ha~fey / ~~- aortower <br />r~~e ---'1 ~ Bortoaret <br />State of Nebraska, ~S' County ss: ((( ' <br />On this 25th day of April 19 79 ,before me, the undersigned, a Notary Public <br />du}y commissioned ahd qualified for said rnunty, gersonaliy came _ Willia¢n J Haney aril Ina Mae a , <br />tllL'3tx'trrd arrC'l W' fa , to me known to be the <br />identical person(s) whose (s) acre subscribed to the foregoing instrument and acknowledged the execution thereof <br />to be hls dnd YY:S alun~raret and deed. <br />Witness my hand ands "~ Grand Island in said county, the <br />date aforesaid : ~/' <br />MY Commission expires:~~ ~s /~0 ' ~ ~~--`~J ~~~ <br />~1..2'~2rr~: _. ~.._. <br />~'~ - ~ - - - - - - Nottry Pubfic <br />"; n, <br />---__~` <br />- - (Space Relaw 47sis Line RanervrA-For Lender a,W Recorder>' <br />:a <br />z ~, <br />w ~- •. <br />~ ~. <br />~ ~ ~ ..' ~ i <br />c <br />- (Rz-Q a- <br />~ Rj ^, <br />'~ ~.a G -L.3 - <br />ay_ ~ ty SO~~ iiN~~FF~t~j ~ ,~ _ ia. ~ - . <br />+++ -xacaoa~`h~[ooa~ ~.~ ~~ <br />. , srJ- ~:, r~ <br />