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<br /> 77- �i055�5
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<br /> � REAL ESTATE MORTGAGE
<br /> 1; � �
<br /> ',-;� KNO�nI ALL MEN BY �'HESE PRESENTS: ,'
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<br /> F That James D. Roth and Donn,a F. Roth, husband and wife,
<br /> � as; joint tenants with r�ght' of survivorship, each in his and
<br /> ;; her own;right and' as spouse of the ot2zer, thereinafter 'known-
<br /> , as Mortgagor) o£ Ha11 County, State of Nebraska, in considera- '
<br /> � � ` tion of a Term Loan Agreement, dated �pril, �S , 1977, �;� f,' ; ��:
<br /> : .r and between the Mortgagee and Trae Vaiue Home Center, �nc. , a -
<br /> ? Nebraska Corporation, under which the Mortgagee will loan to
<br /> . ; , True Va].ue Home Center, Inc. su.ues of money up to $25D,000.00, ' ' ` '
<br /> ` do hereby sell and convey unto Commercial National Bank and �` ' ' �
<br /> � ; Trust Company of' Grand Island, Nebraska, of Hal1 County Nebraska,
<br /> the following-described premises in Hall County, Nebraska, to-
<br /> � wit•
<br /> � � ��
<br /> � Hidden Lake Sub. , No. 2, Lot l4 (314 Mal�ard. Lane)' excluding .04 A.
<br /> Grand Zsland, Hall Co. , Nebraska ,; ;
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<br /> � TO HAVE .�,ND TO HOL� tI�►e same, together with all and singu- <
<br /> � � lar the tenements, hereditaments and appurtenances thereunto "" '
<br /> � belonging, forever, and warrant. the title to the same. s:
<br /> � Provided always, that this instrument is executed and de-
<br /> '` iivered to secure the paymerit of all sums now or hereinafter
<br /> � advanced to True Value Home Center, Inc. under the Term Loan
<br /> : i Agreement set forth above, with interest tlzereon, together with
<br /> 7 such charges and advances as may be due and payable to said
<br /> „� Mortgagee under such terms and conditions, however euidenced,
<br /> � whether by note, account or otherwise. This mortgage shall re-
<br /> � main i� full force and affect between the parties hereto and the
<br /> ; heirs, personal representatives, successors, and assigns, until
<br /> Sall amounts secured hereunder, including future advanc�s, are
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<br /> paid in full witka interest.
<br /> The Mortgagors hereby assign to Mortgagee all rents and in-
<br /> come arising at any and all ti�es from said property, and here-
<br /> ; by, authorize said'Mortgagee or its agent at its option upon de-
<br /> � �; fault, to take claarge of said property and collect a11 re*+ts
<br /> " �� and income therefrom and apply the same to the payment of interest,
<br /> ' ` principal, insurance premiums, taxes, assessments, repairs or im-
<br /> � provements necessary to keep said property in tenantable condition
<br /> � or to other charges or payments provided for herein or in the note
<br /> or not�s, whenever made, hera�y secura�. This rent assignment shall _
<br /> contin3ue in force until the unpaid baZance of said note or notes ' '
<br /> ; is-fu11y paid, and a11 conditions and covenants of said Term Agree-
<br /> ment are comp3led with. The taking of possession hereunder sha11 s '
<br /> ; in no manner prevent or retard said Mortgagee in the collection ' � ,_.
<br /> ^ of said s�►s by foreclosure or othe�wise. ��� �
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<br /> The failure of'said Mortgagee to assert any of its - rights : ���
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<br /> hereunaier at 'any time shall not be construed as a waiver of its 4�
<br /> ` ; right to assert the same at any later time, ,and to insist upon �"'_
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<br />��: : and enforce strict'comp3iance `with all the terms and provisions � a�»:
<br /> of said note,' or notes, ' term agreement, and` of this mortgage: �`
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