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• <br /> 0002't'2 <br /> MORTGAGEE.: <br /> REAL ESTATE MOR' G'A6E-' -° 1' AVCO FINANCIAL SERVICES. <br /> OF NEBRASKA. INC. <br /> ACCOUNT NON•CII <br /> • <br /> MORTGAG0It11S): 1212 Nest 2nd <br /> ST MANIC "'MOT UO NITL I.OUSC•S NANO . <br />,s [ 3ui DODO GERALD & /NEE Grand Inland <br /> ,NEBRASKA <br /> r WITNESSETH,that Mortgagor(s),does mortgage,grant.,bargain.sell.and convey,unto Mortgagee,its successors or assigns the following described Real Estate <br /> in the county of ?.ALL t t:..,a ,State of Nebraska,to wit: ,- -- <br /> LOT SIX (6) IN BLOCK ONE (1) IN WEST HEIGHTS ADDITION IC THE CITY OF <br /> GRAND ZSLA.I4 .HST$ COUNTY, HEBIM. LA <br /> t6f , <br /> V.',-,' <br /> P-'!. <br /> Y <br /> k^ <br />�. _ together with all buildings and improvements now or hereafter erected thereon and all screens,awnings.shades,storm sash and blinds,and heating,lighting, <br />" plumbing,gas,electric,ventilating,refrigerating and air-conditioning equipment used in connection therewith,all of which,for the purpose of this mortgage, <br /> .1....b...2,„be fixtures and.subject to the lien hereof,and the hereditaments and appurtenances pertaining to the property above described,and all streets, <br /> fans,alleys,passages,ways,waters,dater courses,rights,liberties and pris•ileres,whatsoever thereunto belonging or in anywise appertaining and t)r_reversions <br /> and remainders,all of which is referred to hereinafter as the"premises". • t <br /> { TO HAVE AND TO HOLD the above-descrieed premises, with the appurtenances and fixtures,unto the said Mot-lg.-wee,its successors and assigns,forever.for -- <br /> the purposes and uses herein set forth, free from all rights and benefits under and by virtue of any Homestead Exemption Laws of the State of Nebraska <br /> which may be enacted,which said rights and benefits the said Mortgagor does hereby expressly release and waive. <br /> 4Mortgagor also assigns.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,andduring continuanceof such default authorizing Morreeigee to enter upon said premises <br /> and/or to collect and enforce the same without retard to adequacy of any security for the indebtedness hereby secured by any lawful means including <br /> ii:' appointment of a receiver in the name of any party hereto,and to apply the same less costs and expenses of operation and collection,including reasonable <br /> 9i, attorney's fees,upon any indebtedness secured hereby,in such order as Mortgagee may determine. <br /> FOR THE PURPOSE OF SECURING: (l i Performance of each agreement of Mortgagor contained herein:11 Payment of the principal sum with interest, <br /> • <br /> as,provided in accordance with the terms and provisions of a Promissory Note 1 Loan Agreement (hereinafter referred to as "promissory note") <br /> .dated 12-10-755' .herewith executed by Mortgagor and payable to the order of Mortgagee, . <br /> s, • - in the principalsum of S X 3000.00 ,and having the date of its final payment due on 1?-X10—R0 <br /> t or as extended, deferred or rescheduled byrenewal or refinance: t3) Payment of any additional advances. with interest.thereon, as may hereafter be <br /> e ' loaned by Mortgagee to Mortgagor in a maximum sum of 53,000.00 within 10 years from she date of this Mortragf;(Si The payment of any <br /> + money that may be advanced by the Mortgagee to Mortgagor for any reason or to third parties. with interest thereon.where the amounts are advanced to <br /> protect the security or in accordance with the covenants of this Mortgage:III Any renewal.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 Mortgage shall be applied in the following order: • <br /> FIRST: To the payment of taxes and assessments that may be levied and assessed as)ainst said premises_insurance premiums.repairs.and all other <br /> charges and expenses agreed to be paid by the Mortgagor_ <br /> SECOND: To the payment of interest due on said loan. <br /> r THIRD: To the payment of principal. <br /> TO PROTECT THE, SECURITY HEREOF. MORTGAGORS) COVENANTS AND AGRE-ES: (1) to keep said premises insured against loss by tire and <br /> other hazards, casualty and contingencies up to the full value of all improvements for the protection of Mortgagee m such manner.in such amounts,and <br /> in such companies as Mortgagee may from time to time approve, and that loss proceeds (less expense of collection) shall, at Mortgagee's option, be <br /> applied on said indebtedness. whether dug or not or to the restoration of said improvements. In event of loss Mortgagor will give immedtate notice by <br /> mail to the Mortgagee,who may make proof of loss if not made promptly by Mortgagor.and each irsuran,.e company concerned is hereby authorized and <br /> directed to :hake payment for such loss directly to the Mortgagee instead of to the yfortgagor. 12) To pay all taxes and special assessments of any kind <br /> that have been or may be levied or assessed upon said premises, and to deliver to Mortgagee, upon request of the Mortgagee, the official receipt snowing <br /> payment of all such taxes and assessrncrtts. 13) In the event of default by Motis",,'or under Paragraphs 1 ar 2 above. Mortgagee, at lis option,may (a) <br /> place and keep such insurance above provided for in force throughout the life of this Mortgage and pay the reasonable premiums and charges therefor:(b) <br /> pay all said taxes and assessments without determining the validity thereof:and sac) l'ay such liens and all such disbursements shall be deemed a part of <br /> the indebtedness secured by this Mortgage and shall be immediately due and payable by Mortgagor to Mortgagee. i3) To keep the buildings and other <br /> • improvements now existing or hereafter erected in good condition and repair.not to commit or suffer any waste or any use of said premises contrary to <br /> restrictions of record or contrary to law. and to permit Mortgagee to enter at aid reaseenable times for the purpose of inspecting the premises: not to <br /> remove or demolish any building thereon: to restare promptly and in a good an:a-.kmanlike manner any buildings which may be damaged or destroyed <br /> thereon, and to pay_ when due. all claims for labor performed and materials furnished therefor:(5) That he svtll pay,promptly the indebtedness secured <br /> hereby_ and perform all other obligations in full compliance with the terms of said Promissory Note and this Nlortgage:16) That the time of payment of <br /> the indebtedness hereby secured.or of any portion thereof, may be extended or renewed,and any portions of the premises herein described may,without <br /> notice. be released from the lien hereof, without releasing ur affecting the personal liability of any person or the priority of this Mortme>e:(7i That he <br /> does hereby forever warrant and will forever defend the title and possession thereof against the taw fill claims of any and all persons whatsoever. - <br /> IT IS MUTUALLY AGREED TIIAT: (I) If the said Mortgagor shall fail or neglect to pay installments on said Promissory Note as the same may hereafter <br /> become due, or upon default in performance of any agreement hereunder. or upon sate or other disposition of the premises by Mortgagor,or should any <br /> action or proceeding be filed in any court to enforce any hen on, claim against or interest in the premises. then all suraeowing by the Morreaegor to the • <br /> Mortgagee under this Mortgage or under the Promissory- Nose secured hereby shall immediately become due and payable at the option of the Mortgagee, <br /> on the application of the. Martp+ye& or assignee_ or any other person who may be entitled to the monies due thereon. In such event the Mortgagee shall <br /> have the right immediately to foreclose this mortgage by complaint for that purpose_ and such complaint may be prosecuted to judgment and execution <br /> and sale for the collection of the whole amount of the indebtedness andinterest thereon, including reasonable attorney's fees. any amounts advanced <br /> pursuantto this mortgage, costs of suit,and costs of sale,if permuted by law, <br /> (21 In the event said premises arc sold at a foreclosure sale.Morteagoris)shall be liable for any deficiency=naming after sale of the premises if permitted by <br /> law,and application of the proceeds of said sale to the indebtedness secured and to the expenses of foreclosure,including Mortgagee's reasonable attorney's <br /> fees and legal expenses if allowed by law. .7.7. .e,`-it.', <br /> ^ (3) Mortgagee shall be subrogated to the lien of any and all prior encumbrances_ liens or charges paid and discharged from the proceeds of the loan <br /> hereby secured. and even though said prior liens have been released of record. the repayment of said indebtedness shall be secured by such liens on the r' <br /> portions of said premises affected thereby to the extent of such payment.respectively. ; <br /> 'a <br /> i.-� (4) Whenever, by the termsof this instrumentor of said Promissory Note, Mortgagee is given any option,such option may be exercised when the right esti <br /> accrues of at any time thereafter, and no acceptance by Mortgagee of payment of indebtedness in default shall constitute a waiver of any default then <br /> i:- existing and continuing or thereafter accruing. <br /> )51 By accepting payment of any sum accrued hereby after its due date,mor �_ <br /> tgagce does not store its richt either to require and int -+aymcnt when disc <br /> of all other sums so secured or to declare default for failure so to pay. If Mortgagor shall pay said PromissoryNote at the tone and in the Manner aforesaid <br /> and shall abide by.comply with.and duly perform all the covenants and agreements herein.then this conveyance shall to. mutt and void. <br /> 26-0473(REV.10-911 <br /> • <br /> L_ <br />