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REAL ESTATE .MORTGAGE FO 9M FCB. 208.(6-72) <br />77 <br />Date February' 21, 1975 <br />Wesley W. 'Harder (also known as Wesley Harder) and Shirley R..Harder (also known <br />as Shirley Haider), husband and wife Mortgagors, <br />of Hall County, Nebraska in consideration of <br />the advance of the principal sum recited in the note hereinafter described, recelptof which is acknowledged, hereby <br />mortgage and convey to , <br />THE FEDERAL LAND BANK OF OMAHA, a Corporation, <br />of Omaha, Douglas County, Nebraska, whose address <br />is Farm Credit Building, Omaha, Nebraska 68100, <br />Mortgagee (subject to oil, gas, and'mineral rights owned by parties other than Mortgagors; existing easements of <br />record; reservations in United States and State patents; and the rights of the public in all highways), the following - <br />described real•estate In Hall County, Nebraska <br />SEC.. TW P. RG. <br />SWC (except the North 1,374 feet of the West 330 feet; <br />and except 1.57 acres deeded to the State of Nebraska <br />as recorded in Book 125 at Page 581) - - - - - - - - 6 <br />NW14 (except.2.02 acres deeded to the State of Nebraska <br />as recorded -in Book 125 at Page 245) - - --- - - - - -.- - 18 <br />All in - - - - - - -.-- - - - - ----- - ----- 12N 11 W.6thP.M. <br />containing 289.09 acres, more or less, together with all of the right, title, and interest <br />(now owned or hereafter acquired)of the Mortgagors in said property, including all buildings and improvements placed <br />thereon; all water, irrigation, and drainage rights; the tenements, hereditaments, and appurtenances thereto and the <br />rents, issues, crops, and profits arising from said lands; and (if the Mortgagorst rights in the public domain are <br />required by Mortgagee for security purposes) all leases, permits, licenses, or privileges, appurtenant or nonappur- <br />tenant to said mortgaged premises, now or hereafter issued, extended, or renewed. to the Mortgagors by the United <br />States or the state in which the above-described property is located or any department, bureau, or agency thereof. <br />This mortgage Is given to secure a promissory note of even date herewith, executed by Mortgagors to Mortgagee, in <br />the principal sum of FIFTY—EIGHT THOUSAND SEVEN HUNDRED AND N0/100 — — — — — — — — —-boLLARs, <br />payable in Installments with interest according to the terms of said note, the last installment being due and pay- <br />able on the first day of January, 2004 This conveyance shall be void upon the payment of said <br />promissory note. <br />This mortgage is subject to the provisions of THE FARM CREDIT ACT and all acts amendatory thereof or supplemental <br />thereto'. The proceeds of the loan secured hereby will be used for the purposes specified in the Mortgagors, appli- <br />cation for said loan and authorized by.sald Act: <br />The Mortgagors, and each of them, hereby warrant that they are Ifee owners of'the mortgaged real property; that they <br />will defend the title•against all claimants whomsoever, and that said property is free from all encumbrances; that <br />they will keep all the improvements, fixtures, and appurtenances occupied and in good repair and permit no acts of <br />waste; and they will relinquish all rights of homestead in said premises, and covenant and agree with the Mortgagee, <br />aS follows: <br />(i) That they will pay when due all taxes, liens, judgments, or assessments which may be lawfully assessed against <br />the property herein mortgaged. <br />(2) That they will insure and keep insured buildings or other improvements now on or which may hereafter be placed <br />on said premises to the satisfaction of the Mortgagee, such insurance• policy shall be endorsed with a mortgage clause <br />with the loss thereunder to be payable to the Mortgagee. Any sums received may be used to pay for reconstruction <br />of the destroyed improvements; or, if not so applied, may, at the option of the Mortgagee,, be applied In payment of <br />any indebtedness, matured or unmatured, secured'by this mortgage. <br />(3) To pay all rents, fees, or charges now due -or to become due under the terms of each lease, permit, license, or <br />privilege on the public domain which is appurtenant or nonappurtenant to the mortgaged premises, which has been <br />'Issued, extended, or renewed by the United States or the state in which the above-described property is located: and <br />to perform and observe every act, covenant, condition, and -stipulation necessary to keep each of the same in good <br />standing: and to take every necessary step to secure the reissue, renewal, or extension of each of the same; and to <br />assign, waive, pledge, or endorse to the Mortgagee each lease, permit, license, or.privilege if Mortgagors' rights <br />In public domain are required by Mortgagee for security purposes. <br />(4) That in the event the Mortgagee Is.a party to'any litigation affecting the security or the lien of its mort- <br />gage, Including any suit by the Mortgagee to foreclose this mortgage or any suit in which the Mortgagee may be named <br />a party defendant in which it is obligated to protect its rights or lien, including condemnation and bankruptcy <br />proceedings, the Mortgagee may incur expenses and advance payment for abstract fees, attorney fees (except to the <br />extent prohibited by law), costs, expenses, and other charges. <br />(5) That In -the ' <br />nthe, event the Mortgagors fail to pay when due any taxes, liens, judgments, or assessments, or fall to <br />maintain insurance as hereinbefore provided, or fail to pay rents, fees, or.charges under the terms of any lease, <br />permit, license; or privilege; or Mortgagee is required to Incur expenses for abstract fees, attorney fees, costs, <br />expenses, and other charges in connection with litigation, Mortgagee may make such payment or provide such insurance, <br />or incur such obligation, and the amounts paid therefor shall become a part of the indebtedness secured hereby due <br />and payable immediately, and shall bear Interest from the date of payment at the rate of ten percent per annum. <br />/9 <br />