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<br /> 76° 000 2 71M(J,t T(AG1;,6
<br /> ria REAL ESTATE MORTGAGE AVCO FINANCIAL SERVICES of
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<br /> fy N Nobracka,iTnc, _._
<br /> 3 ,`'MORTGAGOR(S): ( 127 _ n
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<br /> ys ..., r,aar war rite ,Pceras n ,ab _ Fl_
<br /> 1,f� 1 ,. l --LOPEZ1e_ TONY _R. —
<br /> AI,ZCTA;....__—,._ �T 1 _._((rood TIIland NEBRASKA
<br /> AGREED RATE OF CHARGE ON PROMISSORY NOPE EXECUTED CCL,4CURRLaNTI5Y+IIEREWITH:The agreed rate of charge is 21/2%per month on that
<br /> ( • part of the unpaid.balance not exceeding 3300;2%per month on any part thereof exceeding 3300 but riot exceeding$500;ll'a%per month on any part thereof
<br /> 1 exceeding$500:but not exceed ng S 1000;and f%per month on any part thereof exceeding 31000 but not exceeding $3000.
<br /> WITNESSETH, that Mortgagor(s), does mortgage,grant,bargain,sx:11,and convey,unto Mortgagee,its successors or assigns the following described Heal Estate
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<br /> m the County of Hail. •
<br /> ,State of Nebraska,to wit:
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<br /> EAST 14* of Lot 1if & Lot 15, Block 5 Dill & r ustonu Additbn
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<br /> together with alt buildings and improvements nosy or hereafter erected thereon and all screens.awnings,shades,storm sash and blinds,and heating,lighting,
<br /> plumbing,gns,electric,ventilating, refrigerating and air-conditioning equipment used in connection therewith,all of which, for the purpose of Otis mortgage,
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<br /> shall be deemed fixtures and subject to the lien hereof. and the hereditaments and appurtenances pertauting to the property alcove described,and all streets,
<br /> 7 - lanes,alleys,passages,ways,waters,water courses,rights,liberties and privileges.whatsoever thereunto belonging or in anywise appertaining and the reversions •
<br /> and remainders,all of which is referred to hereinafter as the"premises-'.
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<br /> TO HAVE AND TO HOLD the above-described premises.with the appurtenances and fixtures,unto the said Mortgagee,its successors and assigns,forever,for
<br /> the purposes and uses herein set forth, free fromall tights and benefits under and by virtue of any Homestead Exernptton Laws of the State of Nebraska •
<br /> whichmaybe enacted,which said rights and benefits the said Mortgagor does hereby expressly release and waive.
<br /> Mortgagor also assigns gns to Mortgagee all rents. issues and profits of said premises, reserving the right to collect and use the same,with or without taking.
<br /> possession of the premises,during continuance of default hereunder,and during continuance of such default authorizing Mortgagee to enter upon said premises
<br /> andior to collect and enforcethe same without regard to adequacy of any security for the indebtedness hereby secured by any lawful means including
<br /> sS appointment of a receiver in the name cis'any party hereto,and to apply th• sane less costs and expenses of operation and collection.including reasonable _
<br /> atterney's fees,upon any indebtedness secured hereby,indetention:.
<br /> such order as Mortgagee may
<br /> hOR THE PURPOSE Op SECURING: (If Performance of each agreement of Mortgagor contained herein;(2)Payment of the principal sum with interest,
<br /> as provided in accordance with the terms and provisions of a Promissory Note;Loan Agreement (hereinafter referred to as "promissory note")
<br /> r - dated x..43-76 ,herewith ese_utcd by Mortgagor and payable to the order of Mortgagee,
<br /> in the principal.sum of$ 3000 ,and having the date of its final payment due on_ 11.3"01
<br /> ;- extended, deferred or rescheduled by renewal or refinance: (31 Payment or as of any additional advances, with interest thereon, as may hereafter be
<br /> loaned by Mortgagee to Mortgagor in a maximum sur, on $3,141000 _ within li' years from the date of this Mortgage:(4)The payment of any
<br /> money that may he advanced by the Mortgagee to 1 ,teceoe for all reason or to third parties.with interest thereon,where the amounts are advanced to
<br /> f, protect the security or in accordance with the covenants of this llortea_e;(5) Any reiessal.refinancing or extension of said promissory note.or any other
<br /> agreement to pay which may be substituted therefor.
<br /> All payments made by Mortgagor on the obligation secured by this Mongerse shall be applied in the following order:
<br /> TIRST: To the payment of tales and a ss xsnients that may be levied and assessed aearnst said premises,insurance premiums,repairs.and all other
<br /> charges and experises agreed to he part by the Mortgagor.
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<br /> SECOND: Ti'. the payment of interest due on -aid h,an
<br /> TTTIRD To the payment of principal.
<br /> TO PROTECT THE. SECURITY HEREOF. MTR(
<br /> ORGAGOSi COVENA 1-$ AND '>(R1-f:S. it, to keep said premises insured against loss by lire and
<br /> other hazards, casualty and contingencies up to the full value of alt unprovements t r the protection of Mortgagee in such manner, in such amounts,and
<br /> r in such companies as Mortgagee may from time to time approve, anti that loss proceeds (less expense of collection).shall, at Mortgagee's option, be
<br /> applied on said indebtedness, whether due or not or to the ',aura tion of said improvements. In esent of loss Mortgagor will give immediate notice by
<br /> mailto the Mortgagee,who may make proof of loss d not mad•promptly by Mortgagor,and each insurance company Concerned is hereby authorized and
<br /> directed to make payment for such loss directly to the Mortgagee instead of to the Mortgagor. (2) to pay all taxes and special assessments of any kind
<br /> that have been ormay be levied or assessed upon said premises and to deliver to Storteagee, upon request of the Mortgagee, the official receipt showing
<br /> payment of at such taxes and assessments. (3) Ir. the event of default tfi Mortgazor under 1._ ag aphs I or 2 above, Mortgagee, at its option,may(a)
<br /> place and keep such insurance above provided for in force throughout the life of this alrteaee a;d pay the reasonable premiums and charges therefor;(b)
<br /> payall said taxes and assessments without determinme lice validity thereof; and it I Pay rch !ions and all such disbursements shall be deemed a part of
<br /> the indebtedness secured by this Mortgage and shall be immediately due and payable b; Siortgagor to Mortgagee. 141 To keep the buildings and other
<br /> improvements now existing or hereafter erected in good condition and repair. not t ,,mutt or suffer any waste or any use of said premises contrary to
<br /> restrictions of t. ',rd or contrary to lass, and to permit Mortgagee ter enter at all reasonable time. for the purpose of inspecting the premises: not to f p
<br /> remove or demob_. any building thereon; to restore promptly and in a coed and workmanlike mariner any buildings which may be damaged or destroyed
<br /> thereon, and to pay when due, all claims for labor performed and materials furnished therefor (_`1 Ilia( he',Ill pay.promptly the indebtedness secured
<br /> hereby, and perform all other obligations in full compliance anti the terms of Said Promissory Nut: and this Mortgage;(6) That the time of payment of
<br /> the indebtedness hereby secured,or of any portion thereof,may he extended or renewed,and any portions of the premises herein described may,without
<br /> notice, be released from the lien hereof, without releasing or affecting the personal liability of any person or the priority of this Mortgage:171 That he
<br /> does hereby forever warrant and will forever defend the title and possession thereof against the lawful darns of any and all persons whatsoever.
<br /> IT IS MUTUALLY AGREED TIIAT: (I) If the said Mortgagor shall fail or reelect to pay installments en said Promissory Note as the same may hereafter
<br /> becomedue, or upon default in performance of any agreement hereunder,or upon sale or other disposition of the premises by Mortgagor,or should any
<br /> action or proceeding be filed inany court to enforce may lien on.claim against or interest in the premises, then all sums owing by the Siortgagor to the
<br /> Mortgagee under this Mortgage or under the Promissory Note secured hereby shall immediately beconic due and payable at the option of the Mortgagee,
<br /> on the application of the Mortgagee, or assignee, or any other person wi,o may be entitled to the monies due thereon.In such event the Mortgagee shall
<br /> havethe right immediately to foreclose this mortgage by complaint for that purpose, and such complaint may he prosecuted to judgment and execution
<br />...;,!•-.2,- and sale for the collection of the whole amount of the indebtedness arid interest thereon. including reasonable attorney's fees, any amounts advanced
<br /> pursuant to this mortgage.costs of suit,and costs of sate,if permitted by law. - _
<br /> r am(2) In the event said premises.asold at a foreclosure sale,Mortgagorls)shall be liable for any deficiency remaining after sale of the premises if permitted by j,'
<br /> law,and application of the proceeds of said sale to the indebtedness secured and to the expenses of foreclosure, rncludine Storteagee's reasonable alfomey-s
<br /> fees and legal expenses if allowed by law.
<br /> (3) Mortgagee shall be subrogatedto the lien of any and all prior encumbrances, liens or charges paid and dischargers from the proceeds 01 the loan ;
<br /> L hereby' secured, and even though said prior twos have been released of record, the repayment of said indebtedness shall be secured by such hens on the
<br /> portions of said premixes affected thereby to the extent of such payments,respectively.
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<br /> (4) Whenever,
<br /> by the terms of this instrument or of said Promissory Note- Mortgagee is given any ispnon,such option may be exercised when the right
<br /> ace-fires or at any time thereafter,.and no acceptance by '.Mortgagee of payment of indebtedness in default shall constitute a waiver of any default then �"��
<br /> existing and continuing.or thereafter accruing_ ,
<br /> 26-0476(REV-4-73)fie- -
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