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THIS INDENTURE WITNESSETH, that Richard '.L. Hartman and -Patricia. A..Hartman, husband and wife,, <br />each in his. and her own right and as spouse of. the other,. <br />of Hall County, Nebraska, herein called MORTGAGOR, in consideration of $,9 ;87-5..00 — — iti'hand <br />paid, docs hereby grant, -bargain, Sell and convey to_,_The_First National Bank of Grand Isiand, <br />Grand Island, Nebraska <br />._____._....__.._..................... ....... _._._...._.____.__ . <br />herein called MORTGAGEE, its successors and assigns forever, the following described real estate situated in the of <br />1 - Hall. County, Nebraska, to -wit: <br />\\\ip Lots Seventy -Six (76), Seventy -Seven (77), Seventy -Eight (78), and the <br />North Three'Feet (3') of Lot Seventy -Nine (79),.Hawthorne Place, being-G�Q� <br />a.Subdivision of part of the Northwest Quarter (NW14) of Section Twenty <br />Two (22), in Township Eleven (11),.N., Range 9, West of the 6th P.M. <br />together, with all the appurtenances therettnto belonging or in, any wise pertaining thereto. liortgagor relinquishes all rights of homestead and <br />all other contingent interest in said premises. The conveyance of the premises above described together with all the rents, issues and profits <br />-thereof is made to secure the repayment of a loan made by the Mortgagee to the Mortgagor, as evidenced by a promissory note of even date <br />herewith in the principal sum of <br />-NINE THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND N0/100 --- - - - - - - - - - - - Dollars <br />(S-9,875.00 — —)r -executed by the Mortgagor and payable to the order of the Mortgagee., with interest at the rate therein set forth, <br />the principal and interest payable in accordance with the *terms of said promissory note, and finally maturing on June 28, ,1975. <br />All sums due shall bear interest after the (lite date at the rate of NINE • per annual, and with a reasonable attorney's fee as may he <br />%m <br />determined by the Court <br />Mortgagor hereby expressly covenants and agrees with Mortgagee, as follows: <br />1. Mortgagor is lawfully seized of an indefeasible estate in fee simple free from encumbrances and has good right and power to convey <br />all absolute title, in fee simple, including all the rights of homestead. <br />2. To pay all sums hereby secured when due. <br />3. To pay' when due all taxes and assessments of every type or nature levied or assessed against said property, or upon the Mortgagee's <br />interest therein; and also to pay any claim, lien or encumbrance against said property which may be or become prior and senior to the lien of <br />this mortgage. <br />4. To keep all buildings on the mortgaged property insured against loss and damage by fire, windstorm and other hazards, with such solvent <br />insurance company or companies, acid in such amounts, as are satisfactory with the .Mortgagee, and with the proceeds of loss payable to the <br />lfortgagec as its interest may appear. The policies of insurance, and abstracts and other evidence of title, shall be delivered to and held by <br />the' Mortgagee without liability, and upon foreclosure of this mortgage, or acquisition of the real estate or any.partthereof, in any other manner, <br />shall become thc..nbsolufc property of the Mortgagee. <br />S. Mortgagor will maintain the property in its present condition of repair, and will not commit or suffer waste thereof. <br />6. In the event Mortgagor fails to pay any claim, lien or encumbrance or the taxes or assessments above mentioned, or pay the premiums <br />of insurance, or keep said premises in repair, or shall commit or permit the commission ofmty waste, or shall default in the performance of any <br />of the terms, covenants and agreements of the promissory note secured by this mortgage, or of this mortgage, or if the liortgagorshall abandon <br />said property, or if the Mortgagee shall be made a party in any suit on account of the existence of this mortgage or involving the title to said <br />real estate, the Mortgagee*nuty pay said claims, liens, encumbrances, taxes, assessments, or premiums, with right of subrogation thereunder, or <br />make repairs, or purchase a tax title, and may procure such abstracts of title or other evidence of title as it deems necessary; or pay court costs, <br />and all sums so paid, with interest at the maximumrate allowable by law, shall become a part of the indebtedness hereby secured, and also <br />the whole of the indebtedness secured hereby shall become and be immediately due and payable at the option of the lfortgagec without notice <br />or demand, which are hereby expressly waived, and this mortgage may be foreclosed. <br />7. Mortgagor hereby assigns to the Mortgagee as .additional and collateral security all profits, revenues, royalties, rights and benefits <br />accruing to the Mortgagor under any. and all present or, future oil and gas ]cases -on said premises with the right to receive and apply them at <br />its option to said indebtedness. This assignment shall terminate and become null and void upon release of this mortgage. <br />8. No delay by the Mortgagee in exercising any of its rights hereunder shall operate as waiver thereof or shall preclude it from the exer- <br />cise thereof (luring the continuance of any default or breach of covenant. <br />9. This mortgage may be foreclosed with all legal or equitable rights, permitted under the I lw•s of the State of Nebraska not expressly <br />provided for herein inuring to the benefit of the Mortgagee. <br />10. When the foregoing covenants and agreements have been performed, this mortgage shall be void and shall be released at the expense of <br />Mortgagor; otherwise to remain in full force and effect.'; <br />IN WITNESS WHEREOF, the Mortgagor has hereunto. executed this instrument this secon day of April 1975. <br />fur/ <br />---- -- ----- -- Richard L L. Hartman A <br />Patricia A. Hartman <br />