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<br />7. Condemnation. In the event the Property, orsny part thereof, shalt be taken by eminent domain,the Mortgagee <br />is empowered to collect end receive all compensation which may be paid for any property taken or for damages to property <br />nok taken, and Mortgagee shalt apply such compensation, at its aption, 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 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 shat( be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee <br />steal! not incur any personal liability because of anything iL m2y do ar omiL 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 shall <br />6e 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 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, enter neon and take possession of the Property and collect the rents, issues and profits therefrom and apply them <br />5tsf to the-cost of collection and operation of the Property and Shen 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 ail 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 sums secured by this Mortgage to be immediately due <br />and payable. <br />11. Future Advances. Upon inquest 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 ihis Mortgage, ezcead the aiigTnai ;rote. <br />12. Miscellaneous Provisions <br />(a) Any forebearance in exercising any right or remedy shall not be a waiver thereot. <br />(b} All remedies provided herein are.distinet and cumulative to any other right afforded by law or equity, <br />and may be exercised :ancurrenUy, independently or successively. <br />(c} The covenants and agreements ^_ontained herein shall bind, and the rights inure to, the respective <br />successors and assigns of the Mortgagor and the Mortgagee. <br />(d} All covenants End agreements of the Mortgagor am joint and several. <br />(ej The headings of the paragraphs of this Mortgage are for convenience only and shall not be used to inter- <br />- prat or Mine the provisions hereof. <br />13. R,dease. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />a6dl execute >tind dettver a satisfactory release therefor. <br />IN WITNESS WIfEREOF, Mortgagarhas executed this Mortgage on the-I$-EL day of J nne ,19 ~R_. <br />-lei gfifion E. W i ley ~"~ Borrower <br />~ . -_ ,-~ <br />Connie J . W i 4 ey ~ '~ `-` Borrower <br />State of Nebraska, Ha I i County ss: <br />On this t Sth ~y of June 19 79 ,before me, the undersigned, a Notary Publ'ec <br />duty commissioned and qualified for said county, personalty came Le i nhton E . W i I ey and Conn t e J . W i ! ey <br />to me known to be the <br />persons} whose rsme(s} are subscribed to the foregoing instrument and acknowledged the execution thereof <br />~h i 5 and her voluntary act and deed. <br />y hand and notarial seat at Grand } 5 i and in said county, the <br />date a( v <br />Commission ~~ - <br />My ~ :Ti rte. ~ - z.4 <br />_-'~-~ Notsrr Public <br />".1 '. <br />~~~ <br />d <br />~~ - <br /> ~ V7 <br />C <br />~ ~ !V <br /> . <br /> <br /> <br /> rrd <br />ra ..~ ~. s x <br />, m. tri <br /> <br />© 1 <br />o~t.,Be <br />~ <br />m <br /> ~ ~ _ . <br />W N.~ . ' <br />e <br />, <br />- N7 4~ ry <br />... <br />{SDUe Helow Tb3s Line Rtserved For !.ender and Recorder) <br />~.~, <br />~ a} d , <br />4: <br />fy7 <br />g A~ <br />4 <br />~,- ~, <br />~, <br />r~~ ~ l , <br />~ - <br />