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~~~..~_ 81-' Ot10536 ~--=~- 4. In the event the Property, or any part thereof, shall be taken by'esninent domain, the Mortgagee is empowered to collect and receive all compensation which may be paid for any property taken or for damages to property not taken, and Mortgagee shall apply such compensation, at its option, either to a reduction of the indebtedness secured hereby or to repair and restore the property so damaged. 5. IiQrtgagee_may, but shall have no obligation, to de any act which-the Mortgagor has agreed but fails to do, and Mortgagee may also do any act it deems necessary to protect the-lien-hereof. Mortgagor agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended by the Mortgagee shall be added to the indebtedness secured Hereby-and become subject tcs the lien hereof. Mortgagee-shall not incur any personal liability because of anything it may do or omit to do hereunder. 5. Timm is the essence hereof, and upon Mortgagor's default in any covenant or agreement of this Mortnage, including covenants to pay when due the sums secured ' by this-{#lrtgage, the Mortgagee shall be entitled, at its sole option and without notice, to declare-all sums secured by this Mortgage to be immediately due and payable and may commence foreclosure of this Mortgage by judicial proceedings; and, provided further, that upon such default the Mortgagee, or a receiver appointed by a court, may at its option and without regard to the adequacy o` the security, .enter upon and take possession of the Property and collect the rents issues and profits therefrom and apply them first to the cost of collection and operation of the Property and then upon the indebtedness secured by -this Mortgage; said rents, issues and profits being assigned to the Mortgagee as further security for-the payment of the indebtedness secured hereby. ~. If a1T or any part of the property is sold or transferred without the express written consent of the Nkjrtgagee, Mortgagor may at its sole option, declare all sums secured by this Mortgage to be immediately due and payable. 8. Any forebearance in exercising any right or remedy shall not be a waiver thereof. 9. All remedies provided herein are distinct and cumulative to any other right afforded by law or equity, and may be exercised concurrently, independently or successively. 1D. ?he covenants and agreements contained herein shall bind, and all rights inure to, the respective successors and assigns of the Mortgagor and the Mortgagee. 11. AT1 covenants and agreements of the Mortgagor and the Mortgagee are joint and several. 1.2,. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and shall execute and deliver a satisfactory release therefor. IN WITNESS WHEREOF, Mortgagor has executed this f3ortgage on the _~a~.sday of January X 1~1. z ,. Rhoda E. Caswell ~- STATE OF NEBRASKA, Hall County ss: On this ado?--day of January before me, the undersigned, a Notary Public duly commsissianed and qualified for said county, personally came Darrell B. Caswell arks Rhoda E. Caswell, husband and wife, to me known to be the identical persons whose names are su#scribed to-the foregoing instrument and acknowledged the exe&ution thereof to be their voluntary act and deed ., ;7 ~ .-.., ~ Notary Pub tc ,.-. _ ~,~^x_ ^`_r is _ r:3.~-s+..~ ~_ r~1` t _ .~i~.~#,,.+,+