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� � <br /> 78- U0073'7 OPEW END MORTGAGE <br /> his and hehere�in�called��hes §PQH�e <br /> WARREN B. GARRETT AIJD THERESA M. GARRETT husband a�d wife. each in/ o�her <br />, Mortgagor whether one or more, in consideration of One h <br /> ---------------------------------------------Uoliars loaned to said rtgagor, dces mortgage <br /> to HOME FEUERAL SAVI�JGS AWD LOAN ASSOCIATION, its successors and assigns, the following <br /> described real estate in Hall County, Nebraska: � <br /> THE EAST TWO HUIJDREU THIRTEEN FEET (213') OF LOTS FOUR (4) AND FIVE (5), IN WARREN SUBDIVISION <br /> TO THc CITY OF GRAIJD ISLAND, HALL COUNTY, NEBRASKA_ <br /> and all easements and appurtenances together with ali buiidings, improvements, fixtures <br /> or appurtenances now or hereafter erected thereon, including ail apparatus, equipment, <br /> fixtures or articles, whether in single units or centrally control �ed, used to supply <br /> heat, gas, air-conditioning, water, light, power, retrigeration, ventilation or o-ther <br /> services, and any other thing now or hereafter therein or thereon, the furnishing of <br /> which by lessors to lessees for an unfurnished buiiding similar to the one now or here- <br /> afiter on said premises is customary or app ropriate, including, but not limited to, screens,. <br /> window shades, storm doors and windows, carpeting and other floor coverings, screen doors� <br /> awnings, built-in dishwashers, stoves, refrigerators, and water heaters and alI renewais <br /> or replacements thereof (aii of which are intended to be and are hereby declared to be a <br /> part of said real estate whether physically attached thereto or not.) The Association <br /> is hereby subrogated to the rights of all mortgagees, lienholders and owners paid off by <br /> the proceeds of the loan hereby secured. <br /> TO HAVE Ai�D TO HOLD the said property, with said buildings, improvements, fixtures, <br /> appurtenances, apparatus and equipment, unto said Association, its successors and assigns, <br /> fiorever. <br /> Mortgagor hereby covenants with said Association, its successors and assigns, ?hat <br /> �Aortgagor is lawfully seized ot said premises, that they are free of encumbra�ces, and : <br /> that Mortgagor will forever warrant and defend the title to said premises against the <br /> lawful claims of ail persons whomsoever. <br /> TH I S MOP.TGAGE I S G1 VEt� TQ SECURE: ( I ) The payment of a Note exe:cuted by Mor'tgagor <br /> te 1he Association bearing e��n date heroscith in 7na principal sum as set forth above, <br /> which PJote, principel anu interest, is payable in r�onthly installm�nts accordiny to its <br /> terms, with a final maturity, unless sooner paid, on the Ist day of March <br /> i998 . The holder nereofi shali have the option to accelerate the maturity of the note <br /> for which this mortgage is given as security, at any time after thC IOth loan <br /> year after first giving the undersigned or the then owner of the p�emises described herein <br /> a written notice three months in advance of its intent to do so. Any prepayment of <br /> principal made by virtue of the exercise of this option shaii be without prepayment <br /> premisum. <2) Any additiona� advances made by the Association to Mortgagor, or Mortgagor's <br /> successors in title, for any purpose, at the option of the Association, at any time before <br /> the release and cancellation of this Nbrtgage, but at no time shall this Nbrtgage secure <br /> advances on account of said original note and such additional •edvances in a sum in excess <br /> of One Hundred twenty thousand and no/100-------------------- �� �ars; provided that nothing <br /> herein contained shali be considered as limiting the amount that shai � be secured hereby <br /> when advanced to protect the security or in accordance with covenants contained in this <br /> Mortgage. <br /> Provided, nevertheless, these presents are upon the following conditions: that whereas, <br /> the said Mortgagor is a member of said Association, has executed a note in writing to said <br /> Association to repay sum of money, with interest, in payments as set torth in said <br /> iJote, and any and ali additional advances, with interest, and has agreed to abide by the <br /> Constitution and By-Laws of said Association, and rules and regulations adopted by its <br /> Board of Uirectors; and agreed a�d do hereby agree: <br /> I. To pay the indebtedness hereby secured promptly and in full compliance with the <br /> terms of the aforesaid Promissory Note and any other notes or agreements for additional <br /> advances as provided herein and of this Nb rtgage and turther agrees that at the sole option i <br /> of Mortgagae the time of payment of the indebtedness hereby secured, or any p�rtion there- •� <br /> of, may be extended or renewed, and any po rtion of the premises herein described may, -` i , ' <br /> without notice, be released from the lien hereof without releasing or affecting the personal �:: <br /> liability of the Nbrtgagor herein for the payment ot said indebtedness then remaining <br /> unpaid, and not change in the ownership of said premises shall release, reduce or otherwise � t <br /> affect any such personal ► iability or the lien hereby created. w ,,;,, <br /> 2. Undersigned reserves the right to prepay this note in whole or in part on any <br /> instaliment payment date prior to 5 years from the date hereof by the payment oF all rv � <br /> accrued interest to the date of such prepayment together with a prepayment fee equal in <br /> artaunt to 180 days interest on the amouqt so prepaid; and if prepaid after such date there <br /> shall be no prepayment fee. The prepayment fee so charged shall not exceed the maximum <br /> � <br />