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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
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