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<br /> : 76- 000 .58 ,
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<br /> MORTGAGEE:
<br /> REAL ESTATE MORTGAGE AVCO FINANCIAL SERVICES
<br /> �7 )
<br /> I of Nobr. Inc.
<br /> ACCOUNT ROOMIER
<br /> MORTGAGOR(S): 1212 W. 2nd •
<br /> • e.,,NAMeft
<br /> F ": L 131.01)308INITI131.0131.01)308tl8 NANE
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<br /> '�, T BLAIR. PDONALD R. JANELLE Grund Ip}find, ,NEBRASKA
<br /> II I j
<br /> rn AGREED RATE OF CHARGE ON PROMISSORY NOTE EXECUTED CONCURRENTLY HEREWITII:The agreed rate of charge is 21A%per month on that
<br /> $•`• • partof-the unpaid balance'not exceeding S300:2%per month on any part thereof exceeding$300 but not.exceeding$500:IVO,per month on any part thereof
<br /> _ exceeding$500;but noteSceeding$1000;and 1%per month on any part thereof exceeding$1000 but not exceeding$3000. '
<br /> :} 'NITNESSI1TH,'that Mortgagor(s),dues mortgage,grant,bargain,sell.and convey,unto Mortgagee,its successors or assigns the following described Real Estate
<br /> 7kx in the county of ` HALL ,Stale of Nebraska,to wit:
<br />,. aY?1 SOUTH 1
<br /> , 5.4 FT OF LOTS 84 & 85 IN HAWTHORNE PLACE, GRAND ISLAND
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<br /> A''..' together with'all buildings and-imprus nrents now or hereafter erected thereon and all screens,awnings,shades.storm sash and blinds.and heating,lighting,
<br /> plumbing,gas,electric,ventilathiC refrigerating and air-conditioning equipment used in connection therewith,all of which,for the purpose of this mortgage,
<br /> l:'_ shall be deemed fixtures and'subject to the lien hereof,and the hereditaments and appurtenances pertaining to the property above described,and all streets,
<br /> __ :'l• lanes,alleys,passages,ways,waters,water courses,rights,liberties and privileges.whatsoever(hereunto belonging or in anywise appertaining and the reversions
<br /> . •
<br /> ?'.• and remainders,all of,which.is referred to hereinafter as the"premises", •
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<br /> TO-IIAVE AND TO HOLD.the abuvextescribed premises,with the appurtenances and fixtures,unto the said Mortgagee,its successors and assigns,forever,for
<br /> � the purposes and uses herein set forts,free front all rights and benefits tinder 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 /> 'foe" Mortgagor also assigns to Mortgagee all rents,issues and profits of said reservingrighttaking
<br /> P';(.. P Ping corn err the i tol author and use the same,with upon
<br /> without '
<br /> — possession of the premises,during continuance of default hereunder,and during continuance of such default authorizing Mortgagee to enter upon sail premises
<br /> p:- and/or to collect and enforce the same without regard to adequacy of any security for the indebtedness hereby secured by any (awful means including
<br /> v.-{• 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 /> '.k: attorney's fees,upon any indebtedness secured hereby,in such order as Siurigagee may determine.
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<br /> FOR THE PURPOSE OF SECURING: (1)Performance of each agreement of Mortgagor contained herein;(2)Payment of the principal awn with interest,
<br /> .'':- as provided fn accordance with the terms and provisions of a Promissory Note/Loan Agreement (hereinafter referred to as "promissory note")
<br /> ". 1�16� ,herewith executed byMortgagor and gag
<br /> j, dated ?6 payable to the order of Intuit ce,
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<br /> • in the principal sum of$ 3000.00 ,arid having the date of its final payment due on 1-36-80
<br /> *'. or as extended, deferred or rescheduled by renewal or refinance: (3) Payment of any additional advances,with interest thereon,as may hereafter be
<br /> ti:.;'" loaned byto Mortgagor Mortgagee B: gager in a maximum sum of 53,0I10L00 within IU years from the date of this Mortgage;14)The payment of any
<br /> y
<br /> -:. money that may be advanced by the Mortgagee to Mortgagor aur any reason ser tel third parties,with interest thereon,where the amounts are advanced to
<br /> protect the security or in accordance with the covenants of this Mortgage;IS)Any renewal,refinancing or extension of said promissory note,or any other
<br /> • agreement to pay which may be substituted therefor.
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<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 he levied and assessed against 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 /> ';. THIRD:To the payment of principal.
<br /> TO PROTECT THE SECURITY HERIEOF, NIORTGAGORISI COVENANTS AND AGREES: (Ii o keep said premises insured against loss try fire and
<br /> otherhazards,casualty and contingencies up to the full value of all improvements for the prosection of Mortgagee in such manner,in such amounts,and
<br /> in such companies as Mortgagee may from time to time approve. and that kiss proceeds (less expense of collection)shall,at Mortgagee's option,be
<br /> �ft• applied on said indebtedness,whether due or nut or to the restoration of said improvements. In evenof loss Mortgagor will give immediate notice by
<br /> ,4 - mail to the Mortgagee,who may make proof of loss if not made promptly by Morigagur,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 or may be levied or assessed upon said premises,and to deliver to Mortgagee,upon request of the Mortgagee,the official receipt showing
<br /> payment of all such taxes and assessments,13) in the event of default by Mortgagor under Paragraphs I or 2 above,Mortgagee,al its option,may(al
<br /> Ai'-; place and keep such insurance above provided for in force throughout the hie of this Mortgage and pay the reasonable premiums and charges therefor;.(h)
<br /> `y'' pay all said taxes and assessments without determining the validity Hertel;and (c)Pay suds liens and all such disbursements shall be deemed a part of
<br /> • ket the indebtedness secured by this Mortgage and shall be immediately due and payable by Mortgagor to Mortgagee.(4)To keep the buildings and other
<br /> improvements now existing or hereafter erected in good condition and retrain,not t11 commis or suffer any waste or any use of said premises contrary to
<br /> fir.; restrictions of record or contrary to law,and to peril Mortgagee to enter at all reasonable times for elle purpose of inspecting the premises:not to
<br /> k;G remove or demolish any building thereon:to restore promptly and in a good and workmanlike manner any buildings which may be damaged or destroyed
<br /> - b5 thereon,and to pay,ss'hen due,all claims fur labor performed and materials furnished therefor;IS)That he will pay,promptly the indebtedness secured
<br /> hereby.and perfoms all other obligations in full compliance with the terms of said Promissory Note and this Mortgage:(h)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 she lien hereof,without releasing or affecting the personal liability of any person or the priority of this Mortgage;(7)That he
<br /> :, does hereby forever warrant and will forever defend the title and possession thereof against the lawful dialers sit any and all persons whatsoever.
<br /> IT IS MUTUALLY AGREED THAT: (I)If the said Mortgagor shall tats ser 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 sale or other disposition of the premises by Mortgagor,or should any
<br /> :14.5.:., action or proceeding be filed in any court to enforce any lien un,claim against or interest in the premises.then all sums owing by the Motigagor to the
<br /> gi, Mortgagee under this Mortgage or under the Promissory Note secured hereby shall immediately become due and payable at the option of the Mortgagee,
<br /> I, on the application of the Mortgagee,or assignee,or any other person who may be entitled to the monies due thereon.In such event the Mortgagee shall
<br /> ;*•gc 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 and interest thereon, including reasonable ahlurney's fees,any amounts advanced
<br /> ti",, pursuant to this mortgage,costs of suit,and costs of sale,if permitted by law.
<br /> r,..ts (2)-In the event said premises are sold at a foreclosure sale.Mortgagor(%)shall be liable for any deficiency remaining after sale of theremises if
<br /> e permittedattorney's by
<br /> {a�.` few,and application the proceeds of said sale to the indebtedness secured and to the expenses of foreclosure,including Mortgagee's reasonable attorneys
<br /> P, fees and legal expenses if allowed by law.
<br /> s (3)Mortgagee shat:be subrogated.to the hen of any and all prior encumbrances,liens or charges paid and discharged front the proceeds of the loan
<br /> 4hereby-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
<br /> portions of said premises affected thereby to the extent of such payments,respectively.
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<br /> & (4)Whenever, by the:terms.of this instrument or of said Promissory Note.Mortgagee is given any option,such option may be exercised.when the right
<br /> re,1E,. accrues 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 />• 'I;,:°- existing and continuing or Thereafter accruing..
<br /> }s,:
<br /> 2„4, 2e•0475(REV.4-731 NB:
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