|
', 7. Condemnation, In the event the Property, or ary pan thereof, shalt be takes by eminznt domain, Ile i4Srsrtgagee
<br />is.empowe~ed to collectiand receive all compensation which may be paid far any property taken ox for damages to prlpexty
<br />.not taken„and Mortgagee shalt apply such cw~mpensation, at its option, either to a aeduetipn.of the indebtedness si2!cured
<br />h'exeby or to repair and restore the property so damaged.
<br />S: Performance by Mortgagee. Mortgagee maq, but shall have no obligation, to do any act which the Mortgagor
<br />has agreed but faits to do, and Mortgagee may also do any act it deems necessary to protect the ties hereof. Mortgagor
<br />agrees ko repay, upon demand, any sums sa expended by the Mortgagee for the shove 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 ii may do or omit to do hereun3er.
<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 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 upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them
<br />first to the cost of coAection and operation of the Property and then upon the indebtedness se.;ured by this Mortgagce;
<br />"- said rents, issues and profiles 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 oP 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 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 thak 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) Pny- forel~*ar!ce in exercising any right or remzdy she!! rot 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 6e exercised concurrently, independently or successively.
<br />(c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective
<br />successors and assigns of the Mortgagor and the Mortgagee.
<br />(dj Ail-covenants and agreements of the Mortgagor are joint and several.
<br />(e) The headings -of the paragraphs of this Mortgage are for cohvenience only and shall nut be used to inter-
<br />pret or define Ute provisions hereo€:
<br />13. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and
<br />- shall execute and deliver a satisfactory release therefor.
<br />IN WITNESS W}iERIsQF. agor has executed this Mange on the 4~~~' SPY' _ 19 ~7~
<br />~ f
<br />J .- _
<br />cs-u-f . i
<br />_ -. - - - Sorrawer~ - ..
<br />' - -,
<br />- - -. _ - - - aoarower - -
<br />3tate of Nebraska, ~+L _County ss: .
<br />On this . 4~1 ~ day of _, 19 79 ,before me, the undersigned, a Notary Public
<br />duly commissioned and qualified lot said county, personally came ~~-~' A. Fitch, a Sin41e Man
<br />_ ----.-- to me known to be the
<br />identical- pexson(aj whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thernof
<br />to be h].8 _... voluntary set and deed.
<br />Witness my head and notarial seat at ~ a A JC~~ .~~ .~ in said county, the
<br />fi ~,
<br />date aforesaid. f,.--~ .
<br />~ 1r' a
<br />My Commission expires: l
<br />f PIONCr PvOlic
<br />--. _._ ~.e ~.:~ - - _. - _.. __ - - - ~ _ C
<br />. _ (3pece Below This Liao Rearrved Por x,sader utd Reco~ _ "" ~ ~ ~'`
<br />~. ~ u
<br />jf N4T,9RY - _ m 4'' ~ ~ ~ il,,, m m ~ ~ ~
<br />`T
<br />~~~ ~ ~ • 9 ~ ~ ~ ~ H
<br />~' EOf NEB~~` m tV v
<br />c~ x
<br />c a a
<br />'~'~ !-+ n
<br />c
<br />~ ~ O 3
<br />~..y!
<br />- - -NBC Iaee iNU 9a3 - - - - ~y
<br />.. : -5 .:.' .. -
<br />
|