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9�-- it y3(�'�3 <br /> by this Mortgage. Mortgagor shall pay to Mortgagee the amount of any deficiency between t e aatual tages, asaess- <br /> ments, insurance premiums and ground rents and the deposits hereuader within 10 days atter demand is made upon <br /> Mortgagor requeating payment thereoL <br /> e. Repair,Mainteaance and Use.To promptly repair, restore or rebuild an,y buildings or improvements now or <br /> hereatter on the Property;to keep the Property in good condition and repair,without waste,and free irom mechanic's or <br /> other liens not espressly subordinated to the lien hereof; not to make, suffer or permit any nuisance to e�st, nor to <br /> diminish or impair the value of the Property by any act or omission to act; and to comply with a11 requirements of law <br /> with respect to the Property. <br /> 7. Condemnation. In the event the Property, or any part thereof, shall be taken by eminent domain, the <br /> Mortgagee is empowered to collect and receive all compensation whioh may be paid for aqy property taken or for dam- <br /> ages to property not taken, aad Mortgagee ahall apply auch compensation, at its option, either to a reduction of the <br /> indebtedness secured hereby or to repair and restore the property so damaged. <br /> 8. Pertormaace 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 may also do an,y act it deems neoessary to protect the lien hereoi. Mortgagor <br /> agrees to repay, upon demand, any sums so egpended by the Mortgagee for the above purposes, and any sums so <br /> egpended by the Mortgagee ahall be added to the indebtedness secured hereby and become subject to the lien hereof. <br /> Mortgagee ahall not incur aqy personalliability because of anything it may do or omit to do hereunder. <br /> 9. Default;Assignment oi Rsnts.Time is of the essence hereof, and upon Mortgagor's default in any covenent <br /> or agreement of this Mortgage, including covenants to pay when due the sums seoured by this Mortgage,the Mortgagee <br /> shall be entitled, at its sole option and without notice, to deolaxe all suma aecured by this Mortgage to the immediately <br /> due and payable and may oommence forecloaure o1 this Mortgage by judicial proceedinga; and, provided further, that <br /> upon such default the Mortgagee,or a receiver appointed by a court,may at ita option and without regard to the adequar <br /> cy of the aecurity,enter upon and take posaession of the Property and collect the rents,issues and profits therefrom and <br /> apply them first to the cost of collection and operation of the Property and then upon the indebtedness secured by this <br /> Mortgage; said rents, issues and profits being assigned to the Mortgagee as further security for the payment of the <br /> indebtedness secured hereby. <br /> 10. Transier of Property. If all or a�y part of the Property is sold or tranaferred without the egpress written con- <br /> aent of the Mortgagee, Mortgagee may at its sole option, deolare all sums seoured by thie Mortgage to be immediately <br /> due and payable. <br /> 11. Future Advaacee. Upon request of Mortgagor, Mortgagee may make additional and future advances to <br /> Mortgagor.Such advancea,with interest thereon,sha11 be secured by this Mortgage when evidenced by promissory notes <br /> stating that said notes are seoured hereby. At no time shall the principal amount of the indebtedness secured by this <br /> Mortga,ge,not including sums advanced to protect the security of this Mortgage,esceed the original Note. <br /> 12. Miscellaaeous Provisions. <br /> (a) Any forebearance in esercising any right or remedy sha11 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 egereised concurrently,independently or successively. <br /> (c) The covenants and agreements contained herein shall bind, and the rights inure to, the respective suc- <br /> cessors 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 only and sha11 not be used to inter <br /> pret or define the provisiona hereof. <br /> 13. Release. Upon payment of a11 sums secured by this Mortgage, Mortgagee sha11 discharge this Mortgage and <br /> shall egeaute and deliver a satisfactory release therefor. <br /> IN WITNES3 WHEREOF,Mortgagor has esecuted this Mortgage on the 1 st day of A n ril . 19,�. <br /> __ �--_- _� <br /> (R. B r u ce B o m lze�k ) �`� `�^�---- �:`>�>��2.� � <br /> , � Bo er <br /> (Julia A . Bomb�kl .�-�t,���-� ` � `� ����1 �L �r� � � % <br /> ' sorrower <br /> 1. <br /> State of Nebraska,— H dll County ss: <br /> On this 1 St day of A p Y`il , 19 98 ,before me,the undersigned,a Notary Public <br /> duly commissioned and qualified for said county,personally came R _ R r i�c p R n m h a�Ir a n ri <br /> .lulia A. BomhPr_k h�ehan�i and wife ,tomel�owntobethe <br /> identical person(s)whose name(s)are subscribed to the foregoing instrument and acl�owledged the egecution thereof <br /> to be thEi r voluntary act and deed. <br /> Witness my hand and notarial seal at �ra n rl T cl���� N P h r�S1La in said county,the <br /> date aforesaid. <br /> , <br /> My Commission egpires: ���� � <br /> GE��EttAl P�01ARY-State e`NQkra .a,/ , <br /> ili VlCKY J.GLA.US � '• . <br /> r�.�`�.`�- My Ccmrn.ExpND�c�30.19�?8 � � Notary Public <br /> NBC 1066&95 <br /> O National Bank of Commerce Trust and Savings Association,Lincoln,Nebraska <br />