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<br />g~_i1t~5917 <br />4. In the event the Fri~perty, or any part thereof, shall be taken by eminent <br />domain, the Mortgagee is empowered to collect and receive a17 compensation which <br />may be paid far any property taken or for damages to property not taken, and Mortgagee <br />shall apply such compensation, at its option, either to a reduction of the indebtedness <br />secured hereby or to repair and restore the property so damaged. <br />5. Mortgagee may, but shall have no 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 <br />protect-the lien-hereof. Mortgagor agrees to repay, upon demand, any sums so expended <br />by the Mortgagee for the above purposes, and any sums so expended by the Mortgagee <br />shall be added to the indebtedness secured hereby and become subject to the lien <br />hereof, Mortgagee shall not incur any personal liability because of anything it <br />may do ar omit to do hereunder. <br />fi. Time is 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 <br />by this Mortgage, the Mortgagee shall be entitled, at its sole option and without <br />notice, to declare all sums secured by this Mortgage to be immediately due and <br />payable and may conmence foreclosure of this Mortgage by judicial proceedings; <br />and, provided further, that upon such default the Mortgagee, or a receiver <br />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 <br />issues and profits therefrom and apply them first to the cost of collection and <br />operation of the Property and then upon the indebtedness secured by this Mortgage; <br />said rents, issues and profits being assigned to the Mortgagee as further security <br />for the payment of the indebtedness secured hereby. <br />7, if alT or any part of the property is sold or transferred without the express <br />written consent of the Mortgagee, Mortgagor may at its sole option, declare all sums <br />secured by this Mortgage to be immediately due and payable. <br />8. Any forebearance in exercising any right or remedy sha11 not 6e a waiver thereof. <br />9. All remedies provided herein are distinct and cumulative to any other right <br />afforded by law or equity, and may he exercised concurrently, independently or <br />successively. <br />10. The covenants and agreements contained herein shall bind, and all rights <br />inure to, Lhe respective successors and assigns of the Mortgagor and the Mortgagee. <br />13,. All covenants and agreements or" the Mortgagor and the Mortgagee are joint <br />and several. <br />1. Upon payr.:ent of all sums secured by this Mortgage, htartgagee shall discharge <br />this t~rtgage and shall execute and deliver a satisfactory release therefor. <br />Yli i~ITiiISS ktliEpES; , Mortgagor has executed this P~,ortgage on the '=5 day <br />of _____ Nsvb~~ _`_, 9E 1gSi. ~ .--_._____ <br />~ranc~s e6e <br />STATE OF NE9RASKA, Hatl ____ County ss: <br />Qn this 25tb~day of Nnvember,,_~$1 X)~P, before me, the undersigned, a Notary <br />?ublic du'.y commissioned and qualified ~~r said county, personally came <br />Francis L. Weber <br />to me known to be the identical <br />persons-whose names are subscribed to the foregoing instrument and acknowledged the <br />execution thereof to be their voluntary act and deed. <br />",r'_ <br />Notary Pub.: c <br />~~ <br />1119YA~A 61EIM14M <br />wMa 6[A ttw 1st t!N <br />