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4. In the event the Property, or any part thereof, shalt be taken by eminent domain, the Mortgagee is empowered to collect and receive all compensation which may be paid for any property taken ar 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, ~. Mortgagee may, but shall have no obligation, to do 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 I~rtgagee for the above purposes, and-any sums so expended by tiie.Ftortgagee i shall- be added to the- indebtedness secured hereby and i>ecane subject~to tfie lien ~ hereof. Mortgagee shall not incur any personal liability because of anything it ~ may do or omit to do hereunder. 6. Time is the essence hereof, anG upon Mortgagor's default in any covenant or agreement of this Mortgage, including covenants to pay when due"the sums secured ` by this Mortgage, 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. of the security, enter upon and take possession of the Property and collect the rents issues and profits therefrom and apply them first to the Bost 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. 7. If all or any part of the property "is sold or transferred without-the express written consent of the Mortgagee, Mortgagor may at its sole option, declare all sums secured by this Mortgage to be immediately due and payable. o. Any forebearance in exercising any r-igtrt or remedy shall not be a waiver thereof. 9. All remedies provided herein are distinct and cumulative to any other right a*forded by law or equity, a>tid may be exercised concurrently, independently or successively. 3t). tte covenants and agreements contained herein shall hind, and all rights inure to, the respective successors and assigns or' the hfartgagor and the Mortgagee. 11. Ali covenants and agreements of the Mortgagor and the Mortgagee are joint and several. 12. Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and shall execute and deliuer a satisfactory release therefor. IN 1#I7N€SS WN€R€Of, Mortgagor has executed this Mortgage on the ~ / day of nuaYy XRii9Q.1981. _ RoeS"nan ~.'i~fie~~-- err~'FIi e~Ti~ 5TA1`€ flf N€BRASKA, Nall County ss: On this 3! day of J~uarv____ 1°..8;, before me; the undersigned, a Notary P<biic duly commissioned and +~ualified for said cnun±y, personally came, Norman _~S...Mi~th.sl-lttSh4r~l' L. Mieth, husband &.,wife___., to one knarm to be the identical persons wirose names are subscribed to the foregoing instrument and acknowledged the execution thereof to be their volunt<sry acL and ;'.eed. ~ _ f--~ ~ ~ ~ ~ ~ Notary u"-`d ___.-- T11~O~A~TON -" ~~' ,_._ .. ,. ~Y ~' a`k .~_.,e