|
76- fnt431 i r, t I
<br /> '. `�' MORTGAGEE:
<br /> REAL ESTATE MORTGAGE AVCO FINANCIAL SERVICES
<br /> OF Nebraska Inc,
<br /> •eeouxr worsen
<br /> 1212 U 2nd
<br /> MORTGAGOR(S): .
<br /> Ir.:.". e , FR.,' mlr..le SPOVSG,RAMC
<br /> BETTY' Grand,.Ze'1 nd
<br /> ( � - ,NEBRASKA
<br /> WITHERWA% RONALD i(+` �t
<br /> AGRI LD RATE OI CHARGE ON PROMISSORY NOTE'EXECUTED CONCURRENTLY HEREWITH:The agreed rate-of charge is 2%%per month on that
<br /> i 1, part of the unpaid balance not exceeding 5300:2%per month on any part thereof exceeding$300 but not:exceeding$500:145%per month on any part thereof
<br /> exceeing d5500,but not exceeding$1000:and 1%per month.on any part thereof exceeding$1000 but not-exceeding$3000. '
<br /> W11'NESSETII;that Mortgagor(s),does mortgage,grunt;bargain,sell,and convey,unto Mortgagee,its successors or assigns the following described Real Estate. `` .'
<br /> in the comity:of • 14411 ' ,Slate of Nebraska,to wit: i 5
<br /> EAST ONE'HUNDRED TWENTY-FIVE (125) BEET OF LOT HAR IN BLOCK ONE (1) °BLAIN.ADDITION0
<br /> ' LOCATED ON LOTS FOUR (4) AND FIVE (5) OF GARRETT'S SUBDIVISION OF THE NORTHEAut QUARTER
<br /> (NH ) OF;SECTION'NIKE (9) III TOWNSHIP ELEVEN {11) NORTIi, RANGE NINE (9) , WEST OF THE 6TH P.I3.t:
<br /> IN HALL COUTBTY, REBR.'
<br /> j,
<br /> i
<br /> }
<br /> together with all butdmg?unsf Int,tbvcneets now or hereafter erected thereon and all screens,awnings,shades;storm sash and blinds,and heating,lighting,.
<br /> plumbing,gas,electric,veputaf114SifreWlgdrating and air-conditioning equipment used in connection therewith,all til'which,for the purpose of this mortgage,
<br /> shall be deemed fixtures andlynpjr t to;the lien hereof,and the hereditaments and appurtenances pertaining to the property above described,and all streets,
<br /> lanes,alleys ipasp .W.AWI5,.;•vater,courses,:tights,liberties and privileges,whatsoever thereunto belonging or in anywise appertaining and the reversions
<br /> and remrlltRil;al o Uta Ices is referred to hereinafter as the"premises".
<br /> 1: 11.3 HAVE ANI)TO HOLD the above-described premises,with the appurtenances and fixtures,unto the said Mortgagee,its successors and assigns,forever,for
<br /> i the purposes and usesherein set forth.free from all rights and benefits under and try virtue of any Homestead Exemption Laws of the Slate of Nebraska
<br /> '' which.may be enacted,which said rights and benefits the said Mortgagor does hereby expressly release and waive. {•
<br /> "'4 Mortgagor 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 /> .:i possession of the premises,during continuance of default hereunder,and during continuance of such default authorizing Mortgagee to enter upon.said premises.
<br /> 1 and(or to collect'and enforce the same without regard to adequacy of any security for the indebtedness hereby securedby any lawful means including
<br /> appointment of a receiver in thename of any party hereto,and to apply the same less costs and expenses of operation and collection,including reasonable t
<br /> 'i attorney's fees,upon any indebtedness secured hereby,In such order as Mortgagee may determine. -
<br /> ;1 FOR THE PURPOSE OF SECURING: (1)Performance of each agreement of Mortgagor contained herein:(21 Payment of the principal sum with interest, i
<br /> as provided in accordance with the terms and provisions of a Promissory Note/Loan Agreement (hereinafter referred to as "promissory- note') {
<br /> dated 2-19-76' ,herewith executes'by Mortgagor and payable tothe order of Mortgagee,
<br /> ' in the principal sum of$ 2835.01 ,and having the dale of its final payment due on_ 2-19-81
<br /> ". or as extended,deferred or rescheduled by renewal or refinance: 131 Payment of any additional advances,with interest thereon,as may hereafter be
<br /> loaned by Mortgagee to Mortgagor in a maximum sum of 53,119090 within IO years from the date of this Mortgage;14)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 to amounts are advanced to
<br /> protect the security or in accordance with the covenants of this Mortgage;151 Any reversal,refinancing or extension of said promissory note.or any other
<br /> t agreement to pay which may be substituted therefor. >r.
<br /> All payments made by Mortgagor on the obligation secured by this Mortgage shall be applied in the following order:
<br /> FIRST:Tothe payment of taxes and assessments that may be levied and assessed against said premises,insurance premiums,repairs.and all other '44
<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 HEREOF, MORTGAGOR(S) COVENANTS AND AGREES: (Ii to keep said premises insured against loss by fire and
<br /> i other hazards,casualty and contingencies up to the toll value of all improvements for the protection of Mortgagee in such manner,in such amounts,and
<br /> in such companies as Mortgagee may from tinge to time approve, and that hiss proceeds Ileo expense of collection)shalt,at Mortgagee's option,he
<br /> �'. applied on said indebtedness,whether due or not or to the restoration of said unprovements. 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 set to the Mortgagor.(21 10 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.131 In the went of default by Mortgagor under Paragraphs I or 2 above.Mortgagee,at its option,may(al •
<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 thereat;and he)Pay such hens 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 to i
<br /> restrictions of record or contrary to law,and to permit Mortgagee to enter at all reasonable tines for the purpose of inspecting the premises;not to
<br /> iremove or demolish any building thereon:to restore promptly and in a good and an,G In-milks rim,.nisi allh mIdioya omnixtr._way be damagcd as-destroyed.
<br /> thereon,and to pay,when due•all claims fur labor performed and materials furnished therefor;(5)That h•will pay promptly the indebtedness secured
<br /> hereby,and perform all other obligations in full compliance with the terms of said Promissory Nine and this Mortgage;(6) 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,bereleased from the lien hereof,without releasing or affecting the personal liability of any person or the priority of this Mortgage:(1)'Drat he:
<br /> does hereby forever warrant and will foreverdefend the titleand possession thereof against the lawful claims of any and all persons whatsoever.
<br /> .. IT IS MUTUALLY AGREED THAT:111 If the said Mortgagor shall fail or neglect to pay installments on said Promissory Note as the same clay 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 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 inrmediatety become due and payable at the option of the Mortgagee,.
<br /> 1 nfn the appUcaiion 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 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 attorney's fees,any amounts advanced
<br /> ;. pursuant.to.this mortgage,costs of suit,and costs of sale,if permuted by law.
<br /> l
<br /> a (2)In the event said premises are said at a foreclosure sale,Mortgagor(s)shall be liable fur any deficiency remaining after sale of the premises if permitted by 2 i 4 +
<br /> law, 'application of the proceeds of said sale to. the. indebtedness secured and to the expenses of foreclosure,including Mortgagee's reasonable attorneys _
<br /> fees and legal expenses if allowed by law-
<br /> I4
<br /> i, - (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 /> L—i herebysecured,and even.though said prior liens have been released of record,the repayment of said indebtedness shall be secured by such hens on the
<br /> portions of said 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 .;1,..,'"..
<br /> accrues or at anytime 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.
<br /> a6'O675(REV.6•75)NB
<br /> 1
<br /> ,,^ � L 1
<br /> a
<br /> Mi"
<br /> x1.`
<br />
|