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7& 000849 <br /> MORTGAGE <br /> MORTGAGE LOAN NO. L 21,993 MGI C <br /> KNOW ALL MEN BY THESE PRESENTS:That James E. Gartner and Sherri D. Gartner, each in his and <br /> • <br /> her own right and as spouse of each other, Mortgagor,whether one or more,in consideration of the sum of <br /> Twenty-seven Thousand Four Hundred and No/100 <br /> -DOLLARS <br /> loaned to said mortgagor by The Equitable Building and Loan Association of Grand Island,Nebraska,Mortgagee,upon 274 shares of stock of <br /> said ASSOCIATION;Certificate No.L 21,933 MGICdo hereby grant,convey and mortgage unto the said ASSOCIATION the following <br /> described real estate,situated in Ball County,Nebraska: <br /> THE NORTH FORTY-FOUR (44') OF LOT TWO (2), IN BLOCK TWENTY-ONE (21), IN <br /> SCARFF'S ADDITION TO WEST LAWN, IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br /> NEBRASKA, AND A TRACT OF LAND LYING ADJACENT THERETO AND BEING A PART OF <br /> WHAT WAS FORMERLY WEST 17TH STREET IN THE CITY OF GRAND ISLAND, NEBRASKA, <br /> AS VACATED BY SAID CITY BY ORDINANCE NO. 3993 DATED MAY 15, 1963, AND MORE <br /> PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE NORTHWEST <br /> CORNER OF LOT TWO (2), IN BLOCK TWENTY-ONE (21), IN SCARFF'S ADDITION TO <br /> WEST LAWN, IN THE CITY OF GRAND ISLAND, NEBRASKA; RUNNING THENCE EAST ALONG <br /> • <br /> AND UPON THE NORTH LINE OF SAID LOT TWO (2), TO THE NORTHEAST CORNER OF SAID <br /> LOT TWO (2); THENCE RUNNING NORTHERLY ON A PROLONGATION OF THE EAST LINE OF <br /> SAID LOT TWO (2), FOR DISTANCE OF FOURTEEN FEET (145); THENCE RUNNING WEST, <br /> PARALLEL WITH THE NORTH LINE OF SAID LOT TWO (2), TO A POINT ON A PROLONGATION <br /> OF THE WEST LINE OF SAID LOT TWO (2); THENCE RUNNING SOUTH ON A PROLONGATION <br /> OF THE WEST LINE OF SAID LOT TWO (2), FOR A DISTANCE OF FOURTEEN FEET (14') TO <br /> THE NORTHWEST CORNER OF SAID LOT TWO (2), BEING THE POINT OF BEGINNING. <br /> together with all the tenements,heteditaments and appurtenances thereunto belonging,including attached floor coverings,all window screens, <br /> window shades,blinds,storm windows,awnings,heating,air conditioning,and plumbing and water equipment and accessories thereto,pumps,stoves, <br /> refrigerators,and other fixtures and equipment now or hereafter attached to or used in connection wills said real estate. <br /> And whereas the said mortgagor has agreed and does hereby agree that the mortgagor shall and will pay all taxes and assessments levied or <br /> assessed upon said premises and upon this mortgage and the bond secured thereby before the same shall become delinquent;to furnish approved <br /> insurance upon the buildings on said premises situated in the sum of 527,400.00 payable to said ASSOCIATION and to deliver to said <br /> ASSOCIATION the policies for said insurance;and not to commit or permit any waste on or about said premises; <br /> In case of default in the performance of any of the terms and conditions of this mortgage or the bond secured hereby,the mortgagee shall, <br /> - on demand,be entitled to immediate possession of the mortgaged premises and the mortgagor hereby assigns, transfers and sets over to the <br /> mortgagee all the rents,revenues and income to be derived front the mortgaged premises during such time as the mortgage indebtedness shall remain <br /> unpaid;and the mortgagee shall have the power to appoint any agent or agents it may desire for the purpose of repairing said premises and renting <br /> the same and collecting the rents,revenues and income,and it may pay out of said income all expenses of repairing said premises and necessary <br /> commissions and expenses incurred in renting and managing the sante and of collecting rentals therefrom;the balance remaining,if any,to be <br /> applied toward the discharge of said mortgage indebtedness;these rights of the mortgagee may he exercised at any time during the existence of such <br /> default,irrespective of any temporary waiver of the same. <br /> These Presents,however,are upon the Condition,That if the said Mortgagor shall repay said loan on or before the maturity of said shares by <br /> payment;pay monthly to said ASSOCIATION of the sun specified in the Bond secured hereby as interest and principal on said loan,on or before <br /> the Twentieth day of each and every month,until said loan is fully paid;pay all taxes and assessments levied against said premises and on this Mortgage <br /> and the Bond secured thereby,before delinquency;furnish approved insurance upon the buildings thereon in the sum of S 27,400.00 Payable <br /> to said ASSOCIATION;repay to said ASSOCIATION upon demand all money by it paid for such taxes,assessments and insurance with interest at <br /> the maximum legal rate thereon from date of payment all of which Mortgagor hereby agrees to pay;permit no waste on said premises;keep and comply <br /> with all the agreements and conditions of the Bond for s27,400.00 this day given by the said Mortgagor to said ASSOCIATION,and comply <br /> with ail the requirements of the Constitution and By-Laws of said ASSOCIATION;then these presents shall become null and void,otherwise they <br /> shall remain in full force and may be foreclosed at the option of the said ASSOCIATION after failure for three months to make any of said <br /> payments or be three months in arrears in making said monthly payments,or to keep and comply with the agreements and conditions of said Bond; <br /> and Mortgagor agrees to have a receiver appointed forthwith in such foreclosure proceedings. <br /> If there is any change in ownership of the real estate mortgaged herein,by sale or otherwise,then the entire remaining indebtedness hereby <br /> secured shall,at the option of The Equitable Building and Loan Association of Grand Island,Nebraska,become immediately due and payable without <br /> further notice,and the amount remaining due under said bond,and any other bond for any additional advances made thereunder,shall,from the <br /> date of exercise of said option,bear interest at the maximum legal rate,and this mortgage may then be foreclosed to satisfy the amount due on said <br /> bond,and any other bond for additional advances,together with all sums paid by said The Equitable Building and Loan Association of Grand Island, <br /> Nebraska for insurance,taxes and assessments,and abstracting extension charges. with interest thereon,from date of payment at the maximum <br /> • <br /> legal rate. <br />• <br /> As provided in the Bond secured hereby,while this mortgage remains in effect the mortgagee may hereafter advance additional suns to the <br /> makers of said Bond,their assigns or successors in interest,which sums shall be within the security of this mortgage the same as the funds originally <br /> /secur d thereby,the total amount of principal debt not to exceed at any time the original amount of this mortgage. <br /> Dated fids 41 h ,dayof 76 <br /> / / ! ebruary A.o.,t9 <br /> mes E. artn r Sherri D. Gartner <br /> STATE OE NEBRASKA, . <br /> COUNTY OF}TALL ss. On this 20th day of February 19 76 ,before me, <br /> the undersigned,a Notary Public in and for said County,personally came <br /> James E. Gartner and Sherri D. Gartner, each in his and her own right and as spoue oof <br /> vf each'other;,' who are personally known to <br /> me to be the identical person S whose name S are affixed to the above instrument_as mortgagor S and <br /> they severally <br /> acknowledged the said instrument to be their voluntary act and deed. . <br /> WITNESS my hand and Notarial Seal the date aforesaid. (f ' <br /> My Commission expires <br /> --->17 <br /> _ �h A1C`� �' ( ' _ <br /> 4GEIIERAL NOTARY-Slat.of Nebr. `C-f3�-i z_ /7 <br /> ,3-2M JP.?7,995 W.OISCA1 / Notary Publii <br /> c-.;k,+-^!; My Cm <br /> cm .Lap.flcv.12.1979 c�- <br />