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?. Gondemnatioa. in fire event the Ytoperty, or any part thereof, shall be taken by eimioQnt domain, the Mo: tgagee <br />is empowered to txlllect and receive a8 compensation which may be paid for any ptopettp taken or ter damages Lo property <br />not taken, and Mortgagee shall apply such compe~ation, at its option, rith~ to a reduction of the indebtedness secured <br />hereby m to repair and restore the property so damaged. <br />8. Performance by Mortgagee. Mortgagee may, but shall have no oNigatioB, to des any set which the Mortgagor <br />has agreed but fails to do, and Mortgagee may also do any set it deems necessary to proteM 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 Bot incur any personal liability because of anything it may da or omit to do hereunder. <br />8. Default; Assignment of Rents. lime is of the essence bereof, 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 />fie entitled, at its sole option and without notice, to des{are all sums secured by tl;is Mortgage to be immediately due and <br />payable and may rnmmence fotedostue at 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 take possession of the Property and collect the rents, issues sad profits therefrom and apply them <br />Est to the cost of edlection and operation of the Property and then upon the indebtedness secured by this Moztgagee; <br />~- said tents, issues and profits being aligned to the Mortgagee as further security for the payment of the indebtedness <br />secured hereby. <br />10. 7`ranster of Property. IC 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 by this Mortgage to be immediately due <br />and payable. <br />11. Qhtaue Advanar Upon request of Mortgagor, Mortgagee may make additional and future advances to <br />Mortgagee. Such advances, with interest thereon, shat! be secured by this Mortgage when evidenced by promissory notes <br />Rating that said notes arc secured hereby. At no time shall the principal amount of the Indebtedness secured by this <br />Mot~age, not Indtrding suRm advanced to protect the security of this Mortgage, exceed the original Note. <br />12. Miaoellarreoua Provisions. <br />(a} Any torebeatance in exercising any right or remedy shall not be a waiver thereof. <br />(b} All remedies provided herein are distinct and cumulative to any other right afforded by law m equity, <br />and may be exercised concurrently, independently or successively. <br />(e} 't7te 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 pint and several. <br />(e) 'lire headings of the paragraphs of this Mortgage are for convenience oNy uid shall not he tined 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 avid <br />short eaectrte and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 18th day of Apr11 ~ lg _79 <br />tTn Wis 18th day of rlpri 1 19 before me, the undesigned, a Notary Public <br />C ar es W. W1j~kl1er d ppri L.,Wipkler, <br />duly comtnlsslonedand quallSed for said coonty ptsonall came sbdnd dud Wi te, `~iar1 e5 ~. W7 nkQer dud <br />{torts L_ Winkler, Husband and Wife, an~ Gerald W. Janes and Sharon R. Jones, <br />~usbarid.-'nd ll~'Ifa , to me known to be the <br />identical person(s)-whose aattte(s) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />~ be ihei r voluntary act and deed. <br />Witness my hand and notarial real at C~}'and _I s1 ai]~. in said county, the <br />date aforesaid . ..-''"~"~ <br /> My'Cotnmissioneaplfes: ~NItA1tMOTAAY-8utasi4eYraslu ? 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