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<br />7. Cortdemnatian. fn theerent tl7e Pr~r'p~rty, ozany part t3~ereof, shads V>E I!alten by eminent doruain,the Mortgagee
<br />is empowered tarAliect and receive atl compensation which may be paid fot any Property taken or for damages w property
<br />not taken, and Mortgagee shall apply such compensation, at its option, enter to a reduction of the indebtedness secured
<br />hereby or to repair and restore the property so damaged.
<br />&. pert°rmaace by Mortgagee• Mortgagee may, but shall have no obligation, to do any act which the Mortgagor
<br />has agreed bus tails 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 expanded
<br />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee
<br />shag 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 sum. 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 judidal proceedings; and, provided further, that upon such
<br />defaWt 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 tents, issues and profits therefrom and apply them
<br />first to the cost 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 con-
<br />sent of the Mortgagee, Mortgagce 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, 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 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 />1?. Miscellaneous Prsvisioas.
<br />(a) Any forebeatance in exercising any right or remedy shall not be a waiver thereof.
<br />(}r} Ali remedies provided herein are distinct and cumulative to any other right afforded by law or equity,
<br />and maybe exercised eoncurrentty, independently or successively.
<br />{c} The covenants and agreements confessed herein shall bled, and the rights inure to, fhe respective
<br />successors and assigns of the Mortgagor and the Mortgagee.
<br />(d) All coaenants 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 a!! sums secured by this Martgage, Mortgagee shall discharge this Mortgage and
<br />shall execute and deliver Rsatisfaetary mlease therefor.
<br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 4ih_ day of _ Nx3y ~, lg ?g
<br />_ ~~ ~ cif .~f,tr ./3
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<br />t~ la ~A. F1tG~ norip,wEr-
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<br />ors
<br />rto,rcr
<br />State of Nebraska, r~tAfs. County ss:
<br />On this ~~ day of - May 19 79 ,before me, the undersigned, a Notary Public
<br />duly commissioreed and qualified for said county, personally came Ga~A. Fitch and Carla ~( Fitch, Husb,~nd
<br />and >~Iifer and Lynn D. Ehlers and Glenna R. Ehlers, Husbarxi and A*ife i
<br />identical {) () , to me known to be the
<br />persons whose names are subscribed, to the foregoing instrument and acknowledged the execution thereof
<br />to be ~ • ! U .voluntary act and deed.
<br />4 ~ and notarial seal at Grand Island
<br />1~j'ft '• in said county, the
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<br />g1tPIRF~ ~ -. ~ ~~ ~ Notary Publfa
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