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<br /> MORTGAGEE: s
<br /> 1 REAL`'ESTATE.;MORTGAGE AVCO FINANCIAL SERVICES
<br /> of Nebraska Inc.
<br /> MORTGAGOR($! LZ]2 W.-2nd
<br /> :" ♦MC,;. n.2 ""7'..", ' 3'""'.•S'".'
<br /> NOWICKI, > EDWARD ROSANNE
<br /> ' � -Grand.Is],axlft ,NEBRASKA
<br /> AGREED,RATE Or CHARGE ON'PROMISSORY NOTE EXECUTED CONCURRENTLY HEREWITH:Thea ed rate of chargep
<br /> $s .part of the unpaid.balance not exceeding3300;2%per on anyBre is nth per any month on that
<br /> y psier partrthereofrexceedingg$300 but not exceeding$00;. per month an put thereof
<br /> excceduhgf50;but not exceeding.S10U0;andlkpermonthonanypartthereofexceeding.S1000butnotcxceeding$3000.
<br /> f WITNESSETH that Mortgsgor(s);'does mortgage,grant,bargain,sell,and.convey,unto Mortgagee,its successors or assigns the following described Real Estate
<br /> In thy county of ' "' ' S HALL State of Nebraskn,.to wit:
<br /> -c SOUTHERLY.EIGHTY EIGHT AND THREE.TENTHS FEET (88.3) FEET OF LOT.EIGHT (8) IN BLOCK
<br /> SI% (6) 'IN SPAULDING AND GREGG'S ADDITION TO THE CITY OF GRAND ISLANDS HALL COUNTY,
<br /> NEBRASKA`_
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<br /> ,:,
<br /> t.
<br /> >w together with all buildings and.unprovements now or hereafter erected thereon and all screens,awnings,shades,storm sashand blinds,and heating,lighting,.
<br /> 'r., _plumbing,gas,electric,ventilating,refrigerating and air-conditioning equipment used In connection therewith,all of which,for the purpose of this mortgage;
<br /> shall be deemed fixtures and subject.to thelien hereof,and the hereditaments and appurtenances pertaining to the property abovedescribed,and all streets, . '
<br /> lanes,alleys,passages,ways,.waters t water courses,rights,liberties and privileges,whatsoever thereunto belonging or In anywise appertaining and the,reversions
<br /> . and remainders all of which u referred to hereinafter as the"premises'.
<br /> u TO HAVE AND TO HOLD the above-described premises,with the appurtenances and fixtures,unto the said Mortgagee,its successorsand assigns,forever,for..
<br /> Mg:purposes and uses herein set forth,free from all rights and benefits under and by virtueof any Honmestead.Exemption Laws of the State of Nebraska,,
<br /> t which may enacted,which mid rightsand,benefits the said Mortgagordoes hereby expressly release and waive.
<br /> r.• Mortgagor also assigns to Mortgageeall rents.issues and profits of said premises,reserving the right to collect and use llhe _ith or svithout taking ,.
<br /> }a so i o:the maniocs,during continuance of detautt hereunder,and during continuance of such default authorizing Mortgagee to same,enter said premises r.-.
<br /> and/or to collect.and enforce the same without regard to adequacy of any security for the indebtedness hereby secured by any lawful means including:
<br /> s ' appointment of a receiver iii the name of any party hereto,and to apply the same less costs and expenses of operation and collection,including reasonable •
<br /> :attorney's fees,upon any indebtedness secured hereby,in such order as Mortgagee may determine.
<br /> ' :FOR.THE PURPOSE OF SECURING:(I)Performance of eachagreement of
<br /> i Mortgagor contained herein;(2)Payment the principal sum with interest,
<br /> iv as provided.•in accordance.with the terms and provisions of a Promissory Note/Loan Agreement (hereinafter referred to as:"promissory note')
<br /> dated ' 2-12-76'' herewith executed by Mortgagor and payable to the order of Mortgagee,
<br /> R in the principal sum of S iggri 6S_2726Q]i3'ing the date of its final payment due on 2-12-82.
<br /> X or as extended, deferred or rescheduled by renewal or refinance:(3) Payment of any additional advances,with interest thereon,as mayhereafter he
<br /> .,,
<br /> wloaned-.by Mortgagee to Mortgagor in a maximum sum of 53.000.00 within Ili years from the date of this Mortgage:(4)The payment of any
<br /> ,. money that may be advanced by the Alortgagee to Mortgagor for any reason or to Wird parties,with interest thereon,where.the amounts are advanced to
<br /> protect the security or in accordance with the covenants of this Mortgage:(5)Any renewal,refinancing or extension of said promissory note,or any other.
<br /> zu agreement to pay which tnay be substituted therefor....:1 All All payments made by Mortgagor on the obligation secured by this Mortgage shall be applied in the following order:
<br /> 'r - FIRST:To the payment of taxes and assessments that may be levied and assessed against said premises,insurance premiums,repairs,and all other
<br /> chargesand expenses agreed to IV paid by the Mortgagor.
<br /> • SECOND:To the payment of interest due on said loan.
<br /> THIRD:.To the payment of principal.
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<br /> { TO PROTECT THE SECURITY HEREOF, MORTGAGOR(S)COVENANTS AND AGREES: (1) to keep said premises insured against lou by fire and
<br /> other hazards,casualty.and contingencies up to the full value of all improvements for the protection of Mortgagee in such manner,in such amounts,and
<br /> ))5 in such companies as Mortgagee may from time to time approve, and that loss proceeds (less expense of collection)shall,at Mortgagees option,be
<br /> applied on said indebtedness,whether due or not or to the restoration of said improvements. In event of loss Mortgagor will give immediate notice by
<br /> mail to the Mortgagee,who may make proof of loss if not made 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 or may be levied or assessed upon said premises,and to deliver to Mortgagee,upon request of the Mortgagee,the official receipt showing
<br /> Ert _ payment of all such.taxes and assessments.(3) In the event of default t) Mortgagor under Paragraphs 1 or 2 Aleve,Mortgagee,at its option,may(a)
<br /> n 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 asressments without.determining the validity thereof:and(c)Pay such liens and all such disbursements shall be deemed a part of
<br /> t : the..indebtedness securedby this Mortgage and shall be immediately due and payable by Mortgagor.to Mortgagee.(4)To keep the buildings and other
<br /> 's improvements now existing or hereaftererected in good condition and repair,not to commit or suffer anywaste or any use of said premises contrary to
<br /> )" restrictions of record orcontrary to law,and to permit Mortgagee to enter at all reasonable times for the purpose of inspecting the premises;not to
<br /> yrs remove or demolish any building thereon;.to restore promptly and in a good and workmanlike manner any buildings which maybe damaged or destroyed
<br /> r,xj, thereon,:and to pay,when due,all claims for labor preformed and materials furnished therefor;(5)That he will pay,promptly the indebtedness secured __
<br /> hereby.-and.perform all other obligations in full compliance with the terms of said Promissory Note and this.Mortgage:(fi)That the time of payment of
<br /> S 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 /> lh ss° 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 /> i does hereby forever warrant and will forever defend the title and possession thereof against the lawful claims of any and all persons whatsoever.
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<br /> ,' :IT IS MUTUALLY AGREED THAT:(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 sale or other disposition of the premises by Mortgagor,or.should any
<br /> -action or proceeding be Cited in any court to enforce any lien on,claim against or interest in the premises,then all sums owing by the Mortgagor to the
<br /> -Mortgagees under this Mortgage or under.the.Promissory Note secured hereby shall immediately become due and payable at the option of the Mortgagee,
<br /> •,), on the application of then:Mortgagee,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 /> .L and sale for the-collection of the whole amount of She indebtedness and interest thereon,including reasonable attorney's fees,any amounts advanced
<br /> -.pursuant to this'mortgage;.costs of wit,and costs of sale,.if permitted by law.
<br /> 4 .(2)In the event said premises are sold at a foreclosure sale.Mortgagor(s)shall be liable for any deficiency remaining after.ale of the premises if permitted by
<br /> g law;and application of the proceeds of said sale to the indebtedness secured and to.the expenses of foreclosure,includin Alortgagre's reasonable attorney's
<br /> t fees and legal expenses if allowed by law.
<br /> ,(3)Mortgagee shall be subrogated tothe lien of any andallpriorencumbrances,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
<br /> I,i • portions-of.sald premises affected thereby to the extent of such payments,respectively.
<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 /> acrnses.or-at any tune 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.
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<br /> 24-0405011.V.4.721148
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