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pr;ur to entry of a judgment enforcing ihi„t )vlortgssge if: la) Borr~rtiver ;pays Lender all sums which would be then due under
<br />this Iufori$age, the 7Wote and notes securitBg Future Advances, iP,.aity, had. nn acceleration recurred; fh} Burrower cures all,
<br />breaches of arty other covenants or agree'ments'rtif Borrower contained in th'ss Mortgage; (c} Borrower pays all reasonable
<br />expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this N.ortgage and in
<br />enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited io, reasonable attorney's fees; and
<br />(d) Borrower cakes such action as Lender may reasonably require to assure that the Lien of this Mortgage. Lender's interest
<br />in the Property and Borrower's obligation to pay the sums'secured by this Mortgage shalt continue unimpaired. Upon such
<br />payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as iY
<br />no acceleration had occurred.
<br />20. Assignment of Rents; Appointment of Receiver, Lender in Possession. As additional security hereunder, Borrower
<br />hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph I8
<br />hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable.
<br />Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender, in person, by agent or by
<br />judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the
<br />rents of the Property, including those past due. All rents collected 6y Lender or the receiver shall be applied first to payment
<br />of the costs of management of the Property and collection of rents, including, but not united to. receiver's fees, premiums on
<br />receiver's-bands and reasonable attorney's fees, and then to the sums secured by this Mortgage. Lender and the receiver
<br />shall 6e liable to account only for those rents actually received.
<br />21. Future Advatces. Upon request of Borrower, Lender, at Lenders option prior to release of this Mortgage, may
<br />make Future Advances to Borrower. Such Future Advances, with interest thereon, shalt 6e secured by this Mortgage when
<br />evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount of the
<br />indebtedness secured by this Mortgage, not including sums advancgd~kt~ac~Odance herewith to protect the security of this
<br />Mortgage, exceed the original amount of the Note plus U5$... _44.,..1111..........
<br />22. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without
<br />charge to Borrower. Borrower shalt pay all costs of recordation, if any.
<br />:a
<br />IN WITNESS WHEREOF, Borrower has executed this Mortgage. FOUR-WA DEVELOPMENT, a feneral Partnersh i p-
<br />' arse R. H imink, a partner Wayne E. E k, a p rtner -Borrower
<br />Lawrence Essink, a partner Michael L. Smith, a partner -Borr~rK
<br />I STATE OF NEBRASKA ..................HA~~......................COllnty SS:
<br />"""" On this. .. ...21st. Se,tembe,r 7
<br />~, ......day of .. , . , . P . .... , 19. 9.. , before me, the undersigned, a Notary Public
<br />,i dulyy~~commissioned and qquali&ed for said county, personally came.OUAN~..R..NEGM.IJ~UC, .WAYNE. E...ESSlNK.,. .
<br />LAWt~NCE.ESSINK.AND MICHAEL L. SMITH
<br />......................................................,to me known to be the
<br />,:
<br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution
<br />thereof to be.. , the i.r, , , , , , ,voluntary act and deed.
<br />~~ Witness my hand and notarial seal at... ,~r~nd, ,I 51_ilnd,. Nab raska .. . .. . . . . ..... . in said count„ the
<br />date aforesaid. j
<br />My Commission expires: kJ `'-~ ~ '~ ~ ~'
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