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7. Condemnation. In the event the Property, orany part thereof, shall be taken by eminent domain, 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 shall apply such compensation, at its option, either to a reduction of the indebtedness secured <br />hereby or to repair and restore the property sa damaged. <br />S. Performance by Mortgagee. Mortgagee may, but shalt 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 />6y the Mortgagee shalt 6e added to the indebtedness secured hereby and become subject to the Tien 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. TSmc is of the essence hereof, and upon Mortgagor's default in any rnvettart <br />or agreement of this Mortgage, including covenants to pay when due the sums secured b7 this Mortgage, the Mortgagee shall <br />be entitled, at its sole option and without notice, to declare atl 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 regazd to the adequacy of the <br />security, ender upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them <br />5rst 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. TYarsfer of Property. If all or any part of the Property is sold or transferred without Lhe express written con- <br />sent of the Mortgagee, Mortgagee may at its sole option, declare al! 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, 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 including sums advanced to protect the security of this Mortgage, exceed the original Note. <br />12. Miscellaneous Provisions. <br />(a) Any forebearance in exercising any right or remedy shall not be a waiver thereof. <br />(b) :-Il mmedies prorded herein are distinct and cumulative to any other right afforded by law or equity, <br />and may be exercised roncurTently, independently or successively. <br />{c) The covenants and agreements contained herein shall hind, and the rights inum to, the respective <br />successors and assigns of the Mortgagor and the Mortgagee. <br />{d) Atl covenants and agreements of the Mortgagor are joint and several. <br />(e) 1Tte 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 />13. Release. i)pon payment of al. sums secured by this Mortgage. Afongagee shah discharge this Mortgage and <br />shall execute and deliver a satisfactory release therefor. <br />Lti W'IT'NESS WT',EREOF, Mortgagor has executed this !Mortgage on the 29 day of ~Y_, 19 74 <br />~~/~/ ~ - <br />i TY` ~'u ~ ~' <br />M chael R. Cl ark° Borrower <br />'-a7 ~-y 'yam ~ %f ~.. .d ,i <br />k'arna t_.^Clark Boaowe: <br />State of Nebraska, Na l 1 -County ss: <br />On this 29#h day of ~Y _, 197Q__, before me, the undersigned, a Notary Public <br />duly commissioated and qualified tar said county, personally tame M 1 chae ! R, C 1 ark and <br />Msrna 1. Clark, <br />to me known to be the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />tabel?tslt#er voI nddeed. <br />iPitness mY hand and no a! brand 151 and in said county, the <br />date aforesaid . ~j <br />My Commis ion expires: l+J~ ,: a. ~Ye ~ ~F ,a~~%-----------, --- <br />c _ <br />V~u,ry Public <br />~~ <br />_, __ (ci*s=e ~ten• Thu L[nr~rs^M Fcr Le~.:ez anL RrccrGer:..~.-----_..~__~ <br /> <br />Z 't.Q ~ r1'3 - <br />C Q, i V '' <br /> 4 <br />~ <br />d <br />~~ ~ <br />~ c <br />+~ n <br />F' <br />~ ~t <br />; ~ _" <br />.,~ <br />4 z <br />m ~ L<. <br />it's <br />- t~ <br />o <br /> <br /> <br />Ql _~ ~~ o <br />`o ~ ~ rv n s- <br />a - <br />x v <br />`- W <br />. C <br />~ <br />~`* <br />` mp f~T <br />~ -~ z <br />c <br />~ ~ t <br />~~ <br />c <br />u+ ~~ <br />~~ ~ <br />qi <br />NBC 1e66 {rlgi~.. <br />nom,,, <br />t iy <br />~3 <br />