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• <br /> • <br /> 1.4 x 76, i'(iQ"'n0 <br /> ., . 9IOR'1GAGEE: <br /> REAL-.ESTATE MORTGAGE AVCO FINANCIAL SERVICES <br />�` of Nebr. Inc. <br /> i <br /> 1"1( :MORTGAGORIS) 1219 W.'2nd, <br /> l e�aT aA1It ._l loaf NiTIAL p a C'8 NAM' - <br /> PDTSCHER, DONALD ,. DORTHEA , Grandllaland ,NEBRASKA- <br /> ..:, : I ell <br /> k AGREED RATE OI'CHARGE ON PROMISSORY NOTE EXECUTED CONCURRENTLY HEREWITH:The agreed rate of charge is 2)$%per month on that <br /> y part of the unpaid balancenotexeeeding$300 29,,per month on any part thereof exceeding$300 but not exceeding$500;Ih%per month on any part thereof <br /> ;exceeding$.500;but not exceeding$1000 and 1%per month on any part thereof exceeding$1000 but not exceeding$3000. <br /> a (IITNESSETN'that Mortgagor(s),does:mortgage,grant,bargain,sell,and convey,unto Mortgagee,its successors or assigns the following described Real Estate: <br /> in`Ihe county of, Hall <br /> 1.,...,,;,,.... <br /> ,State of Nebraska,to wit: -. <br /> x� DODD AND ! <br /> i. ALV OF:LOT.4 IN.BLOCK SEVEN (7) IN. MARSHALLS' ADDITION TO WOOD.RIVER ..HALL Comn''Y " <br /> �,, NEUR.,_ EXCEPTING:THE'EASTERLY.SIXTEEN (16) FEET THEREOF, AND.ALL OF.LOT Av.& (5) IN BLACK:'. <br /> . . SEVEN.;(7)'`IN::DODD MARSHALLS',ADDITION.TO WOOD RIVER"HALL COUNTY, NEBR.`;EXCEPT THE <br /> WESTERLY1WELVE"(12).FEET LOTS sUnvEXto PLATTED AND RECORDED, <br /> together with all buil ings,agd proventents now or hereafter erected thereon and.all screens,awnings,shades,stmm sash and blinds,and heating,lighting, <br /> >+ plumbing,gas,.electric,verhltalr refri4erating and air-conditioning equipment used in connection therewith,all of which,for the purpose of this mortgage, <br /> shall.be deemed fixturesiinM6d refito the hen hereof,and:the hereditaments and appurtenances pertaining to the property above described,and all streets,' <br /> lanes,alleys','passages;ways;a'alet3;:Water.wurses,rights,liberties and privileges,whatsoever thereunto belonging or in anywise appertaining and the reversions <br /> and.remainderse all asawhichla.re�ted.tn hereinafter as the"premises". <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 /> lire urposes'and-uses..hereinset forth,free from all rights and benefits under and by virtueof any Homestead Exemption Laws of the State of Nebraska <br /> which maybe enacted,.wldch:said rights and benefits the said Mortgagor does hereby expressly release and waive. <br /> Mortgagor also assigns.to Mortgagee all rents,issues and profits of said premises,reserving the right to collect and use the some,with.or without taking <br /> s possemon.of the-premises,during continuance of default hereunder,and during continuance of such default authorizing Mortgagee to enter upon saidpremises <br /> .and/or to collect and enforce the same without regard to adequacy ofany security for the indebtedness hereby secured by any lawful means including ' <br /> I. appointment,of a receiverin thename of any party hereto,arid to apply the same less costs and expenses of operation and collection,including reasonable„ <br /> - attorney's lees,upon any indebtedness secured hereby,in such order as Mortgagee may determine. <br /> FOR THE PURPOSE.OF SECURING: (1)Performance of each agreement of Mortgagor contained herein;(2)Payment of the principal sum with interest, <br /> I as provided in accordance with the terms and..provisions of a Promissory Note/Loan Agreement (hereinafter-referred to as.''promissory: note") <br /> 3 dated - 2-3.1,-76 - ,herewim executed by Mortgagor and payable to the:order.of Mortgagee, <br /> d in the principal:sum of S 3000.00' ,and having the date of its final payment due un�2_71f)- <br /> or as extended,deferred or rescheduledby renewal or refinance; (3) Payment of any additional advances,with interest thereon,as may hereafter be <br /> loaned by.Mortgagee;to Mortgagor in a maximum son of 53,000.0U within III years from the date of this Mortgage;(4)The payment of any <br /> money thatmay be advanced by the Mortgagee to Mortgagor for any reason or to third parties,with interest thereon,where the amounts are advanced to <br /> at/ 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 /> rir agreement to pay which may be substituted therefor. <br /> Al:payments made by Mortgagor on the obligation secured by this Mortgageshall be applied in the following order: <br /> s. t IRST:To thepayment of taxes and assessments that may be levied and assessed against said p ,remisesinsurance premiums,rep ahs,and all other <br /> charges and expenses agreed to be paid by lire Mortgagor. <br /> ri " SECOND:.To the.payment of interest due.on said loan. <br /> THIRD:To the payment of principal. <br /> TO.PROTECT.THE SECURITY HEREOF, 11ORTGAGORIS) COVENANTS AND AGREES: (1) to keep said premises insured against loss 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 /> iz in.inchcompanies.as Mortgagee may from time to time approve, and that loss proceeds (less expense of collection)shall,at Mortgagee's option,:be <br /> li. applied on said indebtedness,whether due or nut 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 riot made promptly by Mortgagor,and each insurance companyconcerned 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.(3) In the event of default by Mortgagor under Paragraphs I or 2 above,htortgagee,al its option,may(a) <br /> plate and keep such insurance above providedfor in force throughout the life of this Mortgage and pay the reasonable premiums and charges therefor;(b) <br /> i;: pay.all said-taxes and assessments without:determining the validity thereof;and (c) Pay 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.(4)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 tor <br /> restriction ofrecord or contrary to law,and to permit.Mortgagee to enter at all reasonable limes for the purpose of inspecting the premises;not to <br />• remove or demolishany building thereon;to restore promptly and in a good and workmanlike manner any buildings which may be damaged or destroyed <br /> 1 gt,, ; thereon,-and to pay,when due,all claims for labor perfonned and materials furnished therefor:(5)That he will pay,promptly the indebtedness secured <br />.0 hereby;:and perform all other obligations in full compliance with the terms of said Promissory Note and this Mortgage;(b)That the time of payment of <br /> i (-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 fromthelien 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 claims of any and all persons whatsoever. <br /> ITIS MUTUALLY:AGREED.THAT:(1)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 ur other disposition of the premises by Mortgagor,or should any <br /> action or.proceeding.be:filed 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 /> Mortgagee under this-Mortgage or under the. Promissory Note secured hereby shall immediately become due and payable at the option of the.Mortgagee, <br /> on she 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 /> have they'right immediately:to foreclose this mortgage..by.complaint fora that purpose,and.such eromplalnt may be prosecuted to judgment and execution <br />• --and.sale Cor the collection,of The.whole amount of the indehledness and interest thereon,including reasonable'attorney's Cces.any amounta advance' <br /> .pursuant to:.this.mortgage,;casts,of suit,and costs of sale,if permitted by law. <br /> x .. (2)In the event said premises are sold ata foreclosure sale.Mortgagor(s)shall be liable for any deficiency remaining 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.. • <br /> (3},Mortgagee shall be subtolekd to the lien of any and all prior encumbrances,firers or charges paid and discharged from the proceeds of the loan <br /> hereby.seeured,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 raid;premises affected thereby to the extent of.such-payment,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 /> '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 /> s' existing and:continuing or thereafter accruing. <br />;} . oceans luau.4-731 N. .. <br /> k .' <br /> • <br />