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<br />Z. Condemnation. In the event the Property, or any pari thereof, shall be taken by eminent domain, the Mortgagee
<br />is empowered to collect and receive all compensation which may be paid for anp property taken or for damages to property
<br />not taken, and Mortgagee shall apply such compensation, at its option, either to a redaction of the indebtedness secured
<br />hereby or to repair and restore the property so damaged.
<br />8. 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. Mortgagnr
<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 heeeof. Mortgagee
<br />shall not incur any personal iiabrlity 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 sums secured by this Mortgage, the Mortgagee shalt
<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 hfortgage by judicial praceedings; 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, evter upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them
<br />first to the cast of collection and oceration 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 far 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, Mortgagee may at its sole option, dectare all sums secured by this Mortgage to be immediately due
<br />and payable.
<br />Il. Future Advances Upon request of Mortgagor, Mortgagee may make additional and fukure advances to
<br />Mort gee. Such advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes
<br />sating that aid notes are setvred hereby. At no time shall the principal amount of the indebtedness secured by this
<br />-----~, . .... r,.,~a...`,~ ,~~,,, _ r ~~ue mui rgase, raeeed the ornginai Note.
<br />12. Miscellaneous Provisions.
<br />(a) Any forebearamce in exercising any right or remedy shall not be a waiver thereof.
<br />(b) Ail remedies provided herein are distinct and cumulative to any other right afforded by law or equity,
<br />and may be exercised roncurrerrtly, independently or successively.
<br />(e) 1Le mvenantc and agreements contained herein shall bind, and Lhe rights inure to, the respective
<br />suecessots and assigns of the Mortgagar and the Mortgagee.
<br />(d) All covenants ana agreements of the Mortgagor are joint and several.
<br />(e) The headings of the paragraphs of this Afortgage are for convenience only and shall not be used to inter•
<br />pier or de8ce the provisions hereof.
<br />13. Rdeae;.. llpoa payment of a!1 sums secured by this Mortgage, Mortgagee shall discharge Wis Mortgage and
<br />shall eae~rte and deliver a satisfactory release therefor.
<br />LN WITNESS WHEREOF, Mortgagor has executed this Mc-rtgage un the 4th day of .1 une 19 79
<br />`~~ ~~
<br />Jt1.Mip1~-s64ef+~4c `t ~-~~..~.~~',-~Ssl
<br />>~v ~~ Dave Swanson 6orrorer
<br />~ Comm. Era Ana s. r~ ~ ~
<br />Donna Swanson sorro..er
<br />State ~ Nebtuta, ~) ( _Counh° ss:
<br />On this 4th day of June Ig 79 ,before me: the undersigned, a Notary Public
<br />duly eomari~ioned and qualified for said county, personaL'y came na,~ v~_~rancon i< ~rsnna Sr7,ncnn
<br />to me known to be the
<br />ideaU(xI peaore{s) whom name(s) are subsc :bed to ;he foregoing instrument and acknowledged the executron [,rereui
<br />to be ~ I sltjer valnntsry• act and deed.
<br />Witness my hand and notarrat seat at f'ryLtd 1 5 i astd in said county, the
<br />date aforesaid .
<br />My Commission expires: _ ' °' -
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