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<br /> -'_,__,_'_"__ 7NEIIU6UfTINFCO.-76�6 �'-'^'-. .-���. '-'-"________"'_"___._ '-' _'__'___""'_____ _._' ' _ "
<br /> '�nav�n as the CAPITO� THEATRE BUILDING, and described as Lot 2 in Block 79, Original To��n, No�r !
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<br /> i�ity of Grand Island, Hall County, Nebraska, and _ . �
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<br /> 't�HEREAS the said �APIT�L THEATRE BUILDING is sub�ect to a mortgage dated Maxch 1, 1.926, in the i
<br /> �original principal amount of �175, OOQ.00, and in the present principal a�nount of �95,�33.30, ru.n- �
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<br /> +ning to Samuel N.Wolbach, and recorded in Book 59 of �dortgages at Page �3 of the Records of Hall �
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<br /> County, Nebraska, and . . ��
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<br /> 'SSIYHHEREAS Samuel N.VPolbach died on September 9, 1931, a resident of Grand Island,Nebraska, and under4
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<br /> his last �vill and testament (wnich has been duly probated) Simeon B.Wolbach acquired an undividedl
<br /> one-third interest in the mortgage aforesaid, and in the unpaid notes secured thereby, and by sub-�
<br /> �sec�uent assignment Edna �lolbach and Jeannette Wolbach each aequired an undivided one-third interes�t
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<br /> ifl said mortgage and in the unpaid notes secured thereby, and !
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<br /> WHEREAS by written agreement between Ed�in J.Wo).bach, Trustee (acting on behalf of all of the �
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<br /> 'parties of the first part or their assignors} and the party of the second part, dated B�arc't1 1, 19 5,
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<br /> ' certain concessions were made by the parties of the first part with reYerence to the payment of �
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<br /> it�e principal of two notes, maturing March 1, 1935 and maturing March 1, 1.936, respeetively, and j
<br /> ' secured by the said mortgage, and with reference to interest for a period of two years on the en- �
<br /> �, tire balance of the mortgage and the notes secured thereby, all as se� forth in the said agreemen'�
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<br /> ' dated March 1, 1935� and ;
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<br /> !WHEREAS the parties of the first part are now making addition�,l conoessions in the rate of intere t
<br /> ' prov,ided f�r under the said mortgage, and in consideration thereof the party of the second part ;
<br /> ' 1s securing the guaranty of the party of the third part of a certain �15,000.00 of the balance of�i
<br /> � the rinci al indebtedness secured by the said mortgage, and of interest on such �15,000.00 said ,I
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<br /> guar�nty to be as hereinafter set �orth. ;,�
<br /> ; NOW, THEREFORE, in consideratlon of the premises and of the mutual covenants hereinaY�Ger set fortl�,
<br /> ' it is hereby agreed as follows;
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<br /> ! l. The partiea of the first part covenant and agree that, after the payment to be ma.de on Septem-�
<br /> ! ber l, 1936, in the sum of �4,166.66 and interest, ae provided for in the agreement aforesaid, �
<br /> interest on the entire un aid balance secured by the said mortgage (includin�
<br /> dated March 1, 1935, P ,
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<br /> � the p�,yment of ��,166.67 originally due on 1V8arch 1, 1.933 and the payment of ��-,166.67 originally !
<br /> '' due on I�arch 1, 1934, and which by an agreement of date May 17, �933 betv�een Edwin J.Wolbach, !
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<br /> Trustee, and A.H.Blank, Trustee of Publix-Nebraska, Inc. , in bankruptcy, were made to become due �;�
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<br /> � at maturity of the final note oP the series of notea given to secure the mortgage hereinbefore i
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<br /> ' mentioned) ghall thereafter and continuing during the entire term of such mortgage be at the rate�
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<br /> , of five �er cent (5�) per annum instead of seven per cent (7�) per annum as i�. said mortgage pro-i
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<br /> , vided, provided, ho�rever, that such interegt is paid at the interest periods provided for in the �
<br /> ' said mo-rtgage and that principal payments are made af'�er September l, 1936, as in said mortgage ;
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<br /> provided, save and excep� on the payments deferred from Miarch l, 1933, and �arch 1, �93�- as here!I
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<br /> inafter mentioned, and that all taxes on said premises are not permitted to become in default, an;�.
<br /> insurance on the premises shall be ma.intained as in the mortgage p�ovided. j)
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<br /> 2. In consideration of the foregoing, the pa�°ty of the second part has secured the guaranty o� �
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<br /> ii the party of the third par'� of the payment of a eertain �15,000.00 0� the balance of the principaj�.
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<br /> indebtedness aecured by the said mortgage, and of interest on such �15,000.00 a$ hereinafter in ��
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<br /> this agreement set forth. - �
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<br /> ; 3. The party of the third part hereby guarantees the payment on their respective maturity dates ! �
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<br /> 1 of the following sums due under the said mortgage: '
<br /> ; (a) The payment due September 1, 1936, in the sum of ��-,166.66, as provided for in t he agreement ;
<br /> ' aforesaid of March 1, 1.935, together with in'Gerest on such amount due on such date. �
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<br /> ; (b) The payment of ��,333.33 due on March l, 1937, together with interest on such amount due on '
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