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7. Condemnation. In the event the Property, or any part thereof, shalt 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 />8. Performance by Mortgagee. Mortgagee may, out shat: have no obligation, to do any act which the Mortgagor
<br />has agreed but fails Lo do, and Mortgagee may also do any act it deems necessary to protect the Tien 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 shalt 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. i~e[ault; Assignment of Rants. 15me is of the essence hereof, and upon Mortgagoe's default in any covenant
<br />c>i agreement of this Mortgage, including covenants th pay when due the ~alrss secured by this Mortgage, the Mortgagee shaft
<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 judicial proceedings; and, provided further, that open 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 and profits therefrom and apply them
<br />first to the east 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 Por the payment o[ 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, declare all sum, secured by this Mortgage to be immediately due
<br />and payable.
<br />11. Future Advaaees Upon request of Mortgagor, Mortgagee may make additional and future advances to
<br />Mortgagee. Such advances, with interest therecn, 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 inrduding sums advanced to protect the security of this Mortgage, exceed the original Note.
<br />12. Miscellaneous Provisioac
<br />(s) -Any forebearance in exercising any right ar remedy shall not be a waiver thereof.
<br />(b) All remedies provided herein are distinct and cumu:ative to any other right afforded by law az equity,
<br />and may be exercised concurrently, independently or successively.
<br />(e) the covenants and agreements contained heroin shall bind, and the rights inure to, the respective
<br />snecessors snd assigns of the Mortgagor and the Mortgagee.
<br />(d) All covenants 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 int. r-
<br />pr~t or define the provisions hereof.
<br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this A~tortgage and
<br />shall ezecute and delayer a satis[actory release therefor.
<br />IN WITNESS WHEREOF, Mortgagor has axe this Mortgage on the 25th day of H2V _,19 ~ .
<br />i
<br />1bIIald 1;. J ., Aorzower
<br />BOZII7IC' ~• ~~ f Horzawer
<br />. State of Nebraska, Ha11 County ss:
<br />On thr3 25th- day of MaV , 19 ~ ,before me, the undersigned, a Notary Public
<br />duty eommissianed and quaiifred for said county, personally came Ibnald D. James and Bonnie M. JarteS
<br />_, to me known to be the
<br />_ identical pel5on{s) whom :+~*ne(s) err sabscril+ed to the forego[=~* instrument and acknowledged the execution thereof
<br />to j?e ~ and h8r _ voluntary aM and deed-
<br />Wltaeas my hand and notarial seal ak frl~nd ISland is said county, We
<br />-date aforesaid .
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<br />My Commission expires: /~,~ ~ /.,~ _ 4 ~ ' . ~,
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