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7. Condemnation. in the event the Property, or any part thereof, shall be taken by eminent domain,the Mortgagee <br />is empowered to collect and receive all compensation which may be paid fur any property taken or for damages to property <br />not taken, and Martgagee shall apply such compensation, at its option, either to a reduction 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 Mortgagar <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 />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien 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. Time is of the essence hereof, and upon Mortgagor's default in any covenant <br />ar agieemeni of this Mortgage, including covenants to pay when due the sotto secured by this ;doagage, the Mortgagee shall <br />be entitled, at its sole option and without notice, to declare all sums secu:ed 6y this Mortgage to be immediately due and <br />payable and may commence foreclosure of this Mortgage b, judicial proceedings; and, provided further, that upon such <br />default the Mortgagee, or a receiver appointed 6p 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 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, Mortgagee may at i*s 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 o[ this Mortgage, exceed the original Note. <br />12. hiiscellaneous Provisions <br />(a) Any forebearance 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 or equity, <br />and may be exercised concurrently, independently or successicely. - <br />{c) The covenants and agreements contained herein shall bird, and the tights inure to, the respective <br />successors and assigns of the Mortgagor and the Mortgagee. <br />(d} All covenants and agreements of the Mortgagor are joint and ~veral. <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 />13. ReMase. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shalt execute and deliver a satisfactory releas^ therefor. <br />IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the 6117 dap of ullrie _,19 79 <br />i. - -a " <br />Cleo L. Bebelstiss Rorrnw-er <br />aorrowe: <br />State of Nebraska, ~' ------- <br />On this bth day of _Jtirle _____. 19 79 ,before me, the undersigned, a Notary Public <br />duly tpmtnissioned and qualified for said counts-, persoaaliy came C3e0 L. EiebeTI115S r a S1TKJ12 ItIdR <br /> to me known to be [he <br />idenptxl person(s) whose nattrets) ate subscribed to the foregoing instrument and acknowledged the execution thereof <br />to be t21S voluntan• act and deed. <br />Witness my hand and notarial seal at C'`~ 1s~7- <br />~ / <br />i __ in said count}, the <br />~ <br />date aforesaid . ~ <br />~t,/ <br />_ ! ~ <br />~ <br />~ 1 <br />~ <br />f <br />i <br />~ _ <br />~ <br />~ ~~ <br />_ <br />_ <br />L <br />My Comm'ssion expires: <br />j _ ~ ! <br />` <br />~ <br />~ ' / <br />~ _ lC~/r .' <br /> 7(6tarv Public <br />~~_~~~ <br />` ; <br />~'-~ ~ t tM. t~ ~~ <br />~ ~ tea 1!, 1 m <br />t- <br />` <br />k d <br />l ---~- <br />sne Reurved <br />e <br />ace 9eto,v This [. <br />or Lender and <br />~ cor <br />er <br />f <br />? .A <br />>37 ~ <br />Z ~, Q~ G _ ~..~ <br />{sC a rr <br />C ~ aN , ~ C <br />4 <br />(~ ~ C ~ C 1~.. ~ fu <br />~t <br />_ <br />~~ Q ~ <br />* <br />m <br />r ~~ ~ <br />m '= c. t~ .. 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