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7. Condemnation. In the event the Property, or any part thereof, shall be taken by eminent domain, the Mortgagee
<br />is empowered to collet[ and receive all compensation which may be paid for any property taken or [or damages io property
<br />not taken, and Mortgagee shai apply such compensation, at iu option, either to a reduction of the indebtedness secured
<br />hereby or to repair and restore the property so damaged.
<br />S. Performance by lfortgagee. Mortgagee may, but shall have no obligation, Lo do any aM 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. bortgagor
<br />agrees to repay, upon demand, am sums so expended by the Mortgagee for the above purposes, and any sums so expended
<br />by the Mortgagee shat) 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 it may do or omit to do hereunder.
<br />9. Default; Assignment of Rents. Time is of Lhe 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 [his Mortgage, the Mortgagee shall
<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 collection and operation. of the Property and then upon the indebtedness secured try this Mortgagee;
<br />said rents, issues and profits being assigned to the Mortgagee as further security for the pavment of the indebtedness
<br />secured hereby.
<br />10. '[4ansfer o[ Property. If all or any part of the Property is sold or transferred without the express written con-
<br />sent of the Mortgagee, Mortgagee may at its tole option, declare all sums secured by this Mortgage to be immediately due
<br />and payable.
<br />ll. Future Advances. I!pon request of Mortgagor, yiorigagee may make additional and future advances to
<br />Mortgagor. Such advances, with interest thereon, shall be secured by 4his Mortgage when evidenced by promissory notes
<br />stating that said notes are secured hereby.:1t 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 />(at Am• forebearance m exercising any right or remedy shall not be a waiver [hereof.
<br />Ibl All remedies provided herein are distinct and cumulative to any other right at[orded by law or equity,
<br />and may be exercised concurrently, independently or successively.
<br />(cI 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 />(d} All covenants and agreements of the Mortgagor ace }Dint and several.
<br />(e} "1'he headings of the paragraphs of this Mortgage are for convenience only and shall not be used W inter-
<br />pret or define the provisions hereof_
<br />13. Release. t'pon payment of aIi sums secured by this Mortgage, Mortgagee shalt discharge this Mortgage and
<br />shall execute and deliver a sausfactoq• release there tor.
<br />IN WI'CNF,SS WHEREOF, Mortgagor has rzecuted thu Mt~rtgage on the _~ day of __..Augu~t __.,., 19 81
<br />Cr / r _ _
<br />-,__ ~ ~'_ mss,;. ___.__.._._~-~.
<br />-- - - - - - (Richard yi: Fruehl ingj - ao.rower - -
<br />~,
<br />~andr Fr~Tinh)_ _ .___._. ~ _ _ rwrr~wrr
<br />_ - _
<br />State of Nebraska, _ __ _k!al t - - - flounty ss: - - --
<br />On this. _1..__....._. day of. _____Au~u~[ ,_„_.,,___,._ i9 h~__., before me, ilia undersigned, a Notary' Pubht
<br />duly commissioned and qualified Cor Bald county, personally came___._.P ichasd ";.~ r'r~~r~hl inv ~.tu1, San r} ra A.
<br />_Fruelairg,,__Hus6anil and 4_i_f e_ to me known to be the
<br />identical personts} whose name(si are subscribed to the foregoing instrum nt and acknowledged the execution thereof
<br />W be ._.__...-_ t hei r _ voluntary act and deed.
<br />Witness my hand and notarial seat at ___.._.tzS;i1L4. Island , _eUraska ,,_,_____________ msaid county, the
<br />date aforesaid.
<br />My tAmmissipn exPfires: - ` " . ,
<br />A RYOK MPMf-paaMNMab ..._1 Ly __''~.r~_,_.~.: -: _.,..-~.-_ -. .._. .__. __. _..__.-_
<br />'_.~Jt'^3~. houuy Public
<br />MARtaE HAU61T
<br /> -
<br />-_ ; Mr Ca+rrn, Eql. Oc1..10. 1981
<br /> `..~ _..._ _ _.._.ty __... .. ....jsVace Hel~w '1'aYa l-[ns Keaervad N'w Lender and Recorder) -..._..----_-- -. _.-...._-..° -
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