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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 collect and receive all compensation which may be paid for any property taken or for damages to property <br />not taken, and Mortgagee shall apply such compensation, at its option, either to a reduction of the indebtedness secured <br />hereby or to repair and restore the property so damaged. <br />8. Pet[ormance by Mortgagee. Mortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />has agreed but fails to do, and Mortgagee mayalso do any act it deems necessary to protect the lien hereof. Mortgagor <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 personal liability because of anything it may do or omit to do hereunder. <br />9. Default; Assignment of Rents. Time is of the 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 this 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.by 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 />10. Transfer of 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 sole option, declare all sums secured by this Mortgage to be immediately due <br />and payable. <br />11. Future Advances Upon request of Mortgagor, Mortgagee may make additional and future advances to <br />Mortgagor. Such advances, with interest thereon, shall be secured 6y this Mortgage when evidenced by promissory notes <br />stating that said notes are secured hereby. At no time shall the principal amount of khe indebtedness secured this <br />Mortgage, not including salsa advanced to protect the security of this Mortgage, exceed the original Note. <br />12. Miscellaneous Provisions. <br />{a) Any forebearence in exercising any right or remedy shat) not be a waiver thereof. <br />(b) All remedies provided herein are distinct and cumulative to any other right afforded by law or equity, <br />and may be exercised concurrently, independently or successively. <br />{c) 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 are joint and several. <br />(e) The headings of the paragraphs of this Mortgage are for convenience oNy 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 />shalt execute and deliver a satisfactory release therefor. <br />1N WITNESS WHEREOF, Mortgagor has executed this Mortgage on a ~_ day of Sep r amhPr ,19 81_. <br />~/ .~ % 1~ <br />(~.~ Lr~. ..~ _ L ` <br />.'i ,~L(!1 ~ j/ 'l,--d1.I/pGYLwI~ Bwrowar <br />State of Nebraska, N~>> (/"~'~ County sa: ` <br />On this 8[h day of September 19 81 ,before me, the undersigned, a Notary Public <br />duly rnmmissioned and qualified for said county, personally came Robert D. Almquist r Marcia K. Almguist, <br />Kenneth L. Almquist and Linda L. Almquist , to me known to be the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execut[on thereof <br />to be their voluntary act and deed. <br />Wttneas my hand and notarial seal at <br />date atotesldd . <br />My Commission expires: <br />~ ~ <br />cu <br />~ <br />`~, . <br />F~ <br />l~~wN~R •, s <br />\ <br />~~ <br />\ i V <br />o o <br /> <br />~t <br />NO7HRY <br />caMl~issroH ~ <br />EXPIR <br />~ <br />~ ES <br />ql ~........•-''yb <br />i Hof NEBRP <br /> <br /> <br />~S~n, <br />Grand Island, NE in said county, the <br />~ ! ff ~ - <br /> v Noµry PuWle ~ <br /> <br />(Spada aglow TIW Llue Reserved For Leader and RacoMer~~ -b~f- -~.+~~- <br />•. ~ `~ ; of M <br />., <br /> Q <br /> <br />( <br />' <br />~ o ~ A <br />'~ m Z <br /> ~ <br />i ~ 0 <br />` 07 N <br />~N8C I0681ND 90a 'L(60 <br />` ~~x <br />~ .?4; . <br />