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<br /> 7�� UU�O65 STATE OF NEBRASKA
<br /> REAL ESTATE MORTGAGE
<br /> r THIS INDENTURE, made this lst day of December , 19 77 , between
<br /> Jeff Smith and Laurie Smith, husband and wife.
<br /> > County of Hall +
<br /> tate o N , Mortgagors, and bi i Corporation, a New York
<br /> Corporation w t an o ice'at Woodfield Executive Plaza, 600 Woodfield Drive, Schaumburg,
<br /> Illinois 60194 Nbrtgagee.
<br /> WITNESSETH:
<br /> Whereas, it is the desire of the Mortgagee to secure the open account which accrues
<br /> from month to month and is payable from Mortgagor to Mortgagee for the purchase of
<br /> gasoline> oil , tires, batteries, accessories and other products; and
<br /> Whereas, the Mortyayee desires to obtein a lien against certain real estate
<br /> described herein to secure such indebtedness as Mortgagor may incur from month to month
<br /> not to exceed the amount of the open account, or a maximum of $20,OOO.QO
<br /> Now, Therefore, the said rnortgagors, in consideration of the sum of ��r T
<br /> t�ntysanr� �$20,000..0� and other valuable consideration to them in hand paid by Lhe
<br /> Shcd mortgagee, the receipt whereof is hereby acknowledged, and to secure the payment of
<br /> such indebtedness as may arise from time to time with respect to the open account carried
<br /> by Mortgagee, but in no event to exceed S20.000_00 , do hereby Grant, Bargain, Sell
<br /> and Convey unto said Mortgagee> its successors and assi9ns, forever, all the tract or
<br /> parcel of land lying and being in the County of Hall and State of Nebraska >
<br /> described as follows, to wit:
<br /> The Southerly one hundred feet (100') of
<br /> the Northerly one hundred twenty feet (120')
<br /> of Lot Eight (8) , Block Three (3) , Dickey
<br /> Second Subdivision, Hall County, Nebraska.
<br /> TO HAVE AND TO HOID THE SAME, together with the hereditaments and appurtenances
<br /> thereto belonging to the said mortgagee, its successors and assigns, forever. And the
<br /> said mortgagors for their heirs, administrators, executors and assigns, do covenant with
<br /> the said mortgagee. its successors and assigns, as follows: That they are lawfully
<br /> seized of said premises and have good right to sell and convey the same; that the same
<br /> are free from all encumbrances, except for a first mort�a�e at First Federal
<br /> Savings & Loan Association� _
<br /> that t e mortgagee. its successors an assigns, sha quite y en�oy an possess t e
<br /> same; and that the mortgagors will warrant and defend the title to the same against all
<br /> lawful claims not hereinbefore specifically excepted.
<br /> PROVIDEO NEYERTHELESS, that in the event the said mortgagors, their heirs,
<br /> administrators, executors or assigns, shall fulfill their obligations provided for in a
<br /> certain with mortgagee, dated December ,
<br /> or any such prece ing or su sequent suc agreement, and shall repay to said mortgagee,
<br /> its successors or assigns, at the times and with interest as hereinafter specified, all
<br /> sums advanced in protecting the lien of this mortgage, in payment of taxes on said
<br /> premises. principal or interest on any prior liens, expenses and attorneys' fees herein
<br /> provided for and sums advanced for any other purpose authorized herein, and shall keep
<br /> and perform all the covenants and agreeme�ts herein contained then this deed to be null
<br /> and void, and to be released at the mortgagors' expense.
<br /> AND THE MORTGAGORS, for their heirs, administrators, and executors, do hereby
<br /> covenant and agree with the mortgagee, its successors and assigns, to pay all taxes and
<br /> assessments now due or that may hereaf ter become liens ayainst said premises at least
<br /> ten (10) days before penalty attaches thereto; and to deliver said mortgagee the policies -.,�;
<br /> for such insurance with mortgage clause attached in favor of said mortgagee or its
<br /> L assigns: to pay. wher� due, both principal and interest on all prior liens or encumbrances, � �
<br /> if any. above nNntiohed and to keep said premises free and clear of all other prior liens
<br /> or e�Cw�brances: to co�it or permit no waste on said premises and to keep them in good
<br /> repalr: to co�nplete forthwith any improvements which may hereafter be under course of
<br /> constructtor, thereon. artd io pay any atfier expenses and attorneys' fees fncurred by sa�d
<br /> mortgagee. its sutcessors or assigns, by rc3son of Iftigation with any third party for
<br /> the protectioo of the lien for this mortgage.
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