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R'. ~ttdatnnation. In tha*event the Property„ or any part thereof, shad b?;„ taken by eminent domain,the Mortgagee
<br />is empowered to collect and ree'eive all Compensation which mwy hce paid forany property taken or for damages to property
<br />not taken, end Mxrrtgagee,shaNl apply such compensatiEyn;,',at its trptian, either to a'mductaon of the indebtedness sea;ured
<br />' hereby ar tar repair and re~ton^ the property so damaged.
<br />8. Performance by Mortgagee. Mortgagee may, but shall have rto 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. Mertgagor
<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 persona! liability because of anything it may do or omit to do hereunder.
<br />5. I?efaull; Assignment of Rents. Time is of the essence 6ereo[, 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 map commence foreclosure of this Mortgage 6y judicial proceedings; and, provided further, that upon such
<br />default the Mortgagee, or a receiver appointed by a crourt, 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 6y 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 />20. Transfer of Property. If all or any part of the Property is said 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. FuWre 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 Hates are secured herebi+. 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} Pay foreha_aranx in exercising any right or remedy shalt not be a waiver thereof.
<br /> (b} All remedies provided herein are.distinet and cumulative to any other right afforded by law or equity,
<br /> -and may 6e exercised : oncurtentty, independently or successive-y.
<br /> (c) The covenants and agreements contained herein shalt bind, and -the rights inure to, the tesgect%ve
<br /> successors and assigns of the Mortgagor and Lhe 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 inter-
<br />-- pret or define the provisions hereof.
<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 /> 1N gt'ITNESS W1fEREt)F, Mortgagor has executed thts Mortgage on the i bthday-of. N~Yember- ,141.
<br />_- _
<br />
<br /> .``~~ R~rr~,,,~r~
<br />~e aid L. Niedet'rhaus
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<br /> Arta C. t~ er aus iaorruwe:
<br />--
<br /> SU1te of Nebrasita, _Hdl 1 County ss:
<br />' the this lfith day of November _ is 79 , before me, the undersigned, a Notary Pubiie
<br />' duty commissioned and qualified for said manly, personalty came Gerald L. Niederhaus and Rnitd K.
<br /> Niederhaus, Husband and Wife to me known to be the
<br /> identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution thereof
<br /> to be .bi S d her voluntary act and deed.
<br /> Wltneas my hand and notarial seal at _____~ r in said county, the
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