|
, 54�
<br /> �ISC]E��.A,�T�OIJS �.�CO�� �
<br /> 17b04—The Auguatine Co., County BuppHea, Grand Ieland, Nebr.
<br /> A PLICATION & ORDER ,�
<br /> IN THE COUNTY COURT OF B?TFFAL� COUi�i`PY, NEBRASKA COPY
<br /> I THE MATTER OF TF-�E TRUST ESTATE ) APPLICATION OF TRU�TEE FOR
<br /> OF ) AUTHORI`PY TO EXECUTE RELEASE
<br /> N CHQLAS GERGEN, DECEASED. ) AND TO MAKE NEW LOAN.
<br /> Comes now Lawrence N.aergen, the duly appointed, qualified and acting trustee of the
<br /> I t ust estate of Nicholas Gergen, deceased, and hereby respectfully represents unto the
<br /> c urt that on date of Mareh �, 193� N3.cholas 4ergen l�aned the sum of Twenty-five Hundred
<br /> ( 2500.00) Dollars to the Nebraska Agricultural �orporation, a cor�aoration, for a term of
<br /> t o �2) years and secured from them a first mortgage on the Southeast Quarter (SF�) of
<br /> S c�ion Five { �j) , �'ownship Nine t9) North, Range Twelve (12) West oP the 6th P.M. in Hall
<br /> C unty, �ebraska, which mortgage was duly filed for rECOrd in the affice of the Register
<br /> o Deeds of Hall Gounty, ��ebraska, on date oP March 12, 193�, and recorded in Book 74 oP
<br /> M rtgages a� Page 4�3 thereof; tha� tne note which was given to secure said mortgage bore
<br /> i terest at the rate of' 6� per annum payabl.e semi-annually.
<br /> `That your petitioner has been advised and reliably informed that ths said Nebraska
<br /> A rieultural Corporation was ad,judged a bankrupt and tha� the above described farm was
<br /> s ld by the Trustee in Hankruptcy, after securing tne approval , of the Federal Court, to
<br /> E nes� F.Ohlman and he is now the owner of the record title thereto.
<br /> Tha.t the interest on the note hereinbefore referred to has been paid to December �, �
<br /> 1 �+1, and '�na� the present owner Ernes'G F. �hlman and his wife, Linda Ohlman, are desirous
<br /> o procurin� a new loan on said f�.rm for a period of five �5) years; that they desire that
<br /> t is loan be dated February 4, 19�2, and that said money is to draw interest at the rate
<br /> 0 5� per annum payable .semi-annually on the 4th d�y of August and February respectively
<br /> d ring the durati�an of said loan; that your petitioner feels that it is advisable to
<br /> rePinance said loan on the above terms, and that u�on the signing pf a note �nd mortgage
<br /> by said parties that they are entitled to a reiease of the mortgage heretoPore given by
<br /> t e Nebraska A�ricultural Corporation to Nicholas Gergen.
<br /> ,
<br /> WHEREFORE, your petitioner prays that the Court may enter an order authorizing your
<br /> petitianer, as trustee of the trust esta.te of Nichola.s �ergen, deceased, to aecept a
<br /> , note dated February ZI-, 1942 for a period of five� � 5) years at 5,� interest payable semi-
<br /> annually a.nd secured by a first mortoa�e on �the above described real estate, and upon the
<br /> signing and execution of saic3 note and mo�tga�e to execute a release on the mortgage
<br /> ereinbefore described.
<br /> I Respectfully submitted,
<br /> Lawrence N.Gergen
<br /> etitioner
<br /> TATE OF NEBRASKA i �s Lawrence N.Gergen, being first duly sworn on oath, deJ.�oses
<br /> C�UN'1'Y OF BUFFALO ) and states t���t he is the duly appointed, qualified and
<br /> ctin� trustee of the trust estate of Nicholas Gergen, deceased; that he has read the '
<br /> bove and foregoing applic�tion, knows the contents thereof and tihat the statements
<br /> herein contained are true as hE verily belie�es.
<br /> Lawrence N.Qergen
<br /> Subscribed and swarn to before me this 24 day of February, 19�2.
<br /> ------ J. c. ��e
<br /> y commiss3.on expires: Aug. 10��5. Notary Public
<br /> IN THE COUN^1Y COURT OF BUFFALO COUNTY,NEBRASKA.
<br /> N THE MATTER OF THE TRiJST ESTATE )
<br /> OF ) ORDER
<br /> :VTCHOLAS GERGEN, DECEASED. )
<br /> Now on this 25th day of February, 19�2, this matt�r eame on for hearing upon the
<br /> ppl�ca.tion of Lawrerice N.Gergen, the duly ap��ointed, qualified and acting �trustee of the
<br /> rust esta't� of Nicholas Gergen, deceased, and ora� evidence of�'ered 3n sup�ort tnereof,
<br /> r�d the court being Pully advised in the premises, finds that it is for the best interest
<br /> f said estate that said. trustee refinance the loan under tne terms and conditions as set
<br /> ortn in sald application, �.nd t:1at as soon as the said Ernest F. Ohlman and Linda Ohlman,
<br /> is wife, ha.ve signed a note and signed and exeeuted a mortgage to trie said Lawrer�ce
<br /> ergen, as trustee of ttie truat estate of' Nicholas G�rgen, decea.sed, triat he ehall execute
<br /> release of' the mortgage heretofore gi'ven the said Nicholas Gergen by the Nebraska
<br /> gricultural Corpor�.tion, a corporatio'n, and recorded in Book 7�4 of Mortgages at Pa.ge
<br /> 03 in the of1'ice of' the Register of Ileeds of Hall �ounty, `�ebraska.
<br /> TT IS, THEREFORE, ORDERED, ADJUDGED A�dD DECREED by the Court tha.t Lawrence N.Gergen,
<br /> _ rustee of the trust estate o� Nicholas Gergen, deceased, be a.nd he hereby is authorized
<br /> o refinance �he loan on the terms and conditions as set forth in said application and to � -
<br /> �ecute a releas.e for trle mortga�� now on record. �
<br /> BY T.HE COURT
<br /> - _-------�SEAI 1------ - Harvey M.�ro'ilson
<br /> � COUNTY JUDGE
<br /> HE STATE OF NEBRASKA ) CERTIFICATE OF RECORD
<br /> uPfalo County ) s�^ IN T�aE COUNTY COURT:
<br /> ' Z, Harvey M.Wilson, County Judge, with�.n and for said County of BuP�alo and State of
<br /> ebraska, and keeper of the records and sea.l ther. eof, hereby certify that I have examined
<br /> he within and fore�oing copy of the record of, the Applicatian oP Trustee for �uthority
<br /> xecute release �rid to rnake new Loan and �rder, in the matter of the Trust Estate of
<br /> icholas aergen, Deceased. I furtri�er C�rtify th�t Lawrence N.Gergen is at this time the
<br /> uly qualified and acting Trustee of said estate, •
<br /> nc1 have compared all of the f'oregoin� with 'Ghe original record t�iereof now remaining in
<br /> aid court and ha.ve found the sa.me to be a corrPCt transcript therefrom and of the whole
<br /> f said original record.
<br /> IN TESTIMONY WHE�EOF, I �a�� he�reunto set my hand anc3 aft�xed the seal of said Court,
<br /> n this 25�h day of February, 1942. riarvey M.Wilson
<br /> ( SEAL) County Judge
<br /> iled for record this 27th day of February, 1942, at 11:30 o � clock A. M. ��� �
<br /> Aegister of ee s :
<br /> �
<br /> i
<br />_ i i � ,
<br />
|