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<br /> ��—�io�sg6 .
<br /> The [�QU�TABLE lafe Assurance Society of the United States
<br /> , - neie
<br /> THIS MOR?GAGE,dated as of tha.....17th ..........day af.......February.................. 19.78...betwecn Delbert 6.
<br /> Stueven and Julie A. Stueven, each in his and her own right and as spouse of the other,
<br /> F
<br /> ' whose po st offue address is................... .Graad Island, Nebraslca 68801
<br /> � . .......................................................................................................................................................
<br /> � heteinafter called "Mort�agor," and T'HE GQUITASLE LiFE ASSURANCE SOC:IE'TY OF THE LINITED 5TA'I'ES, a 1Vew,York
<br /> , co ntion,having its pnncipal office an3 post officr address ac 1285 Avrnue of the Americu,Nnv Yotk,New York I0019,hereinafter
<br /> eal�"1Nortgagse";
<br /> s WHE&EAS,tho Mortgagor is justly indebted to the Mort ee in thc wm of..�e._��red Seyent�r-five Thousaad aztd r
<br /> • xo/ioo i�5 000 0� .................
<br /> -___-`--___---'---.Dollars (�......_....s.........r....................) with interest.all u set Forth in hia eemin roatisso nate
<br /> . .. ................................................... p ry
<br /> • . ..
<br /> ? (�Nate")of even date hercwith maturing...........Janua;3'...1......,.. ...,19..9$. ;
<br /> ........... ..................
<br /> NOW,THEREFORE,THIS MORTGAGE WITNESSETH,that,to securc tfic payment of the prirxipal of and intercst on the Notc
<br /> md the petformance of the tovenants therein and herain contained,anJ in consideratinn oF the premises,Fhe Mortgagor by these presenb
<br /> does grant, bargain,se11, convry, tunsfcr, assign, mortgage, pledge, warrant and confirm unto the Mortgsgee a!!the propercy (••�Bs �
<br /> Mortgaged ProPerty") hereinafter dcscribed,to-wit:
<br /> ' ; I. 'Ihe following described real property located in the Coanty of ...........................�11
<br /> .........................................................................
<br /> = smceof.........N,�hrmslca....................................ro-a..c: A tract of land in the Northeast
<br /> Quarter (NE�)
<br /> ; of Section 33, Township 11 North, Range, �p West of the 6th P.M., Hall County, Nebraska,
<br /> : mowe particularly described as follows: Beginning at the northeast corner of said Northeast
<br /> ; Quarter (NE4), thence running southerly on the east line of said Northeast Quarter (NEQ)
<br /> t a distance of 1185.95 feet; thence deflecting right 57053'30" and running southwesteriy
<br /> r on the northerly ri�qht-ofi-way line of U.S. Highway #30 a distance of 290bJO feet; thence '
<br /> o deflecting right 30 55'10" and running westerly a distance of 175.70 feet; thence deflecting
<br /> � right 90058'50" and runnin northerly along a fence line being the approximate west line
<br /> � of said Northeast Quarter �NE�) a distance of 2666.45 feet to the north line of said Mortheast
<br /> ; Quarter (NE4); thence deflecting right 88°43' and running easterly on the north line of
<br /> 4 said Northeast Quarter (NE4) a distance of 2648_50 feet to the point of beginn9ng; containing
<br /> i 119.95 acres more or less, of which 3.91 acres more or less, is public woad right-of-way.
<br />, f (A�so generally described as all that part of the Northeast Quarter (NE 4) of said Section
<br /> S3 which lies nurth of the right-of-way of the Union Pacific Railroad Company, excepting `
<br /> i that nart thereof deseribed in tMe Appraiser's Report recorded in Book "P" Page 648 of Misce7laneouss
<br /> f Records in the offiice ofi' the Register oP Deeds of Hall County, Nebraska.)
<br /> ; ;
<br /> �
<br /> i:
<br /> � Default by the mortgagor under any other instrumeat securiag the debt hereby secured
<br /> shall coastitute a default under this instrument.
<br /> i
<br /> `� Il. T'he Mortgagor's interat as lessor in ali leases (induding but not Iimited to, oil, gas and minera! leases) now or hereafter
<br /> ' aHeeting the above-described rnl projxtty or any part therrnf.
<br />;��i
<br /> TOGETHER WITH the rents, issues, and profits thereof, reserving,however, (nnless otherwise provided herein or in a sepatatt
<br /> insttument of us3gnment), unto the Mor[gagor the tight, prior to any defauIt in the paymrnt of the Note or in performance of any
<br /> � agreemrnt I�ereunder,to collect and retain such tents, �ssues,and profits:u they become due and payable,and together also with aU and
<br />; � s�agular the tenements, heredi[aments,and appudenanca thereunto belonging,induding irrigation,dninage,and water rights oF every
<br />>t kind and descripNon.
<br />: � TO HAVE t►ND TO HOLD the same unto the Mortgagee, its successors and usigns, Fore�•er.
<br />;j PROVIDED,ALWAYS, that iF the Mor[gagor, his lieirs, representatives,successors or assigns, shaA pay unto the Mortgagee, its
<br /> successots or usigns,the uid sum of money mrntioned in the Note and the interost thereon at the times and place and in the manner
<br /> specified in the Note,and al[ other sums that may become due and owing ro the Mortgagee pursuant to any oF the tetms,mvenanh and
<br />. j• eonditions hereoE,aad perform all the conditions and co�•enants contained in this mortgage("Morr,qqqe"),then these presents and the
<br /> estate hereby granted shall cease,determine and be void,otherwise to remain in fu11 force and effect.
<br /> #
<br /> � AND SUBJECI'to the eovrnants and conditions hereinafter set forth.
<br />', � FIRST: The Mortgagor hereby covenants and agrces,to the extmt permitted by law, u follows: (a) to paq prompHy when due
<br /> � the princip�1 and interat and other sums of money provided for in the Note and in this Moctgage,or either; (b) to pay afl taxes,usess-
<br /> < mmts and other eharges (including ditch,canal,reservoir, or other water charges,taxes or assessments) imposed by law upon the Mort-
<br />, # gaged Property,the biortgagec's intvest thenin, or upon the Mortgagc or the Notc;pmvided however,that, in the event of the pas-
<br /> sage of any law changing the taws for the taxation of mortgages or debts secured by mortgage su as to affect this Mortgage, the entire
<br />� '• indebtedness secured hereby shall,at the option of the Mortgagee, become due and payablr, (c)t�keep the Mortgaged Property and im-
<br />,f provcmrnts thereon in good condition and repair and not to commit or suffer waste thereof,and excert as authorixed in any xhedule
<br />' � snnexed hercto aad formmg a part herrnF,nerther to nmovc nor permit the removal of any timber,bvildinga,oil,gas,minerats,stone,
<br />! " rock,day,fertilizer,gnvel or top soil without the prior writtem m�srnt of the Mortgagce; (d) t�mnintain aad deliver ro the Mortgagee
<br /> s + Policies of insurxnce against such haztrds on the bmldings now or hereafter loeated on the Mortgaged Property as the Mortgagee maq
<br /> E � reqnire,in sueh companies and amounts and with such loss payable clauses as shall be satisfactury to the Mortgager that in the evrnt of
<br /> r.� Ioss ttae Mortgagee is expmsty authorized to settle or comprom�se claims under said policies and the pr«ecds shall�be paid to the Mort-
<br />„e� gagee who may apply same or any pazt thereof on the indebtedness secured henby or toavards the t�construction or repair of said build- __:
<br /> mgs or release same to the Mortgagor,(e) to pay any lien,daim or charge against the Mortgaged Property which might take preccdence
<br /> wer the lien hereof;(F) to pay on demand a161egx1 expenses,tiHe searches,or attorney ftt5 reawnably mcurred or paid by the Mortgagee �
<br /> X,� to rnllect the Note ot foralose or pcotect tha lirn of the MoRga$e; (g) that in the evmt he shall fail to comply with thr provisions oE
<br />�,� (i) thmugh (f).above,thr Moctgagee may take sy�ch action as is necessary to remedy such failure and all sums paid by the Mortgagee
<br />}� pursuanChereto'with inte2st'at the rate berrinafter:pmvided shall constitute a lien upon the Mortgaged Proprrty, shall tx secured by
<br />�=� ehis MoRgage,and shall be immediately due and repayable to the Mortgagec; (h) not to xll the premisec ur any portion therrnf, or,
<br />'�i if the Mortgagor u a;corporation,not more than-.-.jo of ib cocporate st«k shall be wld,trrded or dispoud of to persons other than
<br />`-j the pceaent ownen pHor M the time the indebtedness secured hcreby shall have been reduced (cxdusive o!prepaymcnts uot permitted
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