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t <br />MORTGAGE -.Savings and Loan Form—(Direct Credit Plow) Zb*-z tope—W <br />MORTGAGE <br />Loan No - <br />THIS INDENTURE, made this 30th of April . 19 75 by and between <br />GEORGE FASS AND MARIE E FASS, as husband and wife, each in his and her own right <br />and as spouse of the other <br />Of Hall County, Nebraska, -as mortgagor-.. and Home Federal Savings and Loan Association of Grand Island, <br />a corporation organized and existing under the Iowa of Nebraska with Its principal office and place of business at Grand Island, Nebraska, <br />as mortgagee; <br />WITNESSETH: That said mortgagor S for and in consideration of the sunt of <br />THIRTEEN THOUSAND AND N0/100 - - - - --- - - - - - - - - - - - Dollars ($ 13,0 00.00 <br />the receipt of which is hereby acknowledged, do_ by these presents mortgage and warrant unto said mortgagee, its successors and <br />assIgns, forever, all the following described real estate, situated in the county of <br />Hall <br />and State of Nebraska, to -wit: <br />THE SOUTHERLY NINETY (90) FEET OF THE FOLLOWING, DESCRIBED TRACT OF GROUND, VIZ: <br />FRACTIONAL LOT NINE (9) AND THE EASTERLY SIX (6) FEET OF FRACTIONAL LOT EIGHT (8) <br />IN FRACTIONAL BLOCK FOUR (4) IN RUSSEL'WHEELER'S ADDITION, AND FRACTIONAL LOT <br />EIGHT (8) AND,THE EASTERLY SIX (6) FEET OF FRACTIONAL LOT SEVEN (7) IN FRACTIONAL <br />BLOCK ONE HUNDRED THIRTY SEVEN (137) IN UNION PACIFIC RAILWAY COMPANY'S SECOND <br />ADDITION, BOTH BEING ADDITIONS TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />Together with all heating, lighting, and plumbing equipment and fixtures, including stokers and burners, screens, awnings, storm windows <br />and doors, and window shades or blinds, used on or in connection with said property, whether the same are now located on said property <br />or hereafter placed thereon.. <br />TO HAVE AND TO HOLD THE SAME, together with all and singular the tenements, hereditaments and appurtenances thereunto belong- <br />ing, or in anywise appertaining, forever, and warrant the title to the same. Said mortgagor S hereby covenant_ with said mortgagee <br />that -t-he y • are -. at the delivery hereof, the lawful owner -L of the premises above conveyed and described, and are <br />seized of a good and indefeasible estate of inheritance therein, free and clear of all encumbrances, and that keV will warrant and <br />defend the title thereto forever against the claims and demands of all persons whomsoever. <br />PROVIDED ALWAYS, and this Instrument is executed and delivered to secure the payment of the sum of <br />THIRTEEN THOUSAND AND N0/100 - - - - - - - - - - - - - - Dollars (R 13,000.00 <br />with interest thereon, together with such charges and advances as may be due and payable to said mortgagee under the terms and, <br />conditions of the, promissory note of even date herewith and secured hereby, executed by said mortgagor_ to said mortgagee, payable <br />as expressed in said note, and to secure the performance of all the terms and conditions contained therein. The terms - of said note are <br />hereby incorporated herein by this reference. <br />It is the intention and agreement of the parties hereto that this mortgage shall also' secure any futureadvances made to said: <br />mortgagor -.2.-- by said mortgagee, and any and all indebtedness in addition to the amount above stated which said mortgagors, or, any', <br />of- them, may owe to said mortgagee, however evidenced, whether by note, book account or otherwise. This mortgage shall remain in full' <br />force and effect between the parties hereto and their heirs, personal 'representatives, successors and, assigns, until all amounts secured <br />.hereunder, including future advances, are paid in full with interest. <br />The mortgagor—L- hereby assign to said mortgagee all rents and Income arising at any and all times from said property and <br />hereby authorize said mortgagee or its agent, at its option, upon default, -to take charge of said property and collect all rents and income <br />therefrom and apply the same to the payment of Interest, principal, insurance premiums, taxes, assessments, repairs or improvements neces- <br />sary to keep said property in tenantable condition, or to other charges or payments provided for herein or in the note hereby secured. This <br />rent assignment shall continue in force until the unpaid balance of said note is fully paid. The taking of possession hereunder shall in no <br />manner prevent or retard said.mortgagee In the collection of said sums by foreclosure or otherwise. <br />> The failure of the mortgagee` to . assert • any of its;. rights hereunder at any time shall not be construed as a'waiver of Its right to assert <br />the same at any later time, and to irisist'.upon and enforce strict compliance with.all the terms and provisions of said note and of this. <br />mortgage: <br />If said mortgagor S ' shall cause, to be paid to said mortgagee the entire amount due it hereunder, and under the terms and provisions' <br />of said note hereby secured, including future advances, and any extensions or renewals thereof in accordance with the terms and provisions° <br />thereof, and .if said mortgagor S shall comply with all the provisions of said note and of'this mortgage, then these presents shall be void; <br />S otherwise to remain' in full force and effect, and said mortgagee - shall be entitled; to the possession of all of said property, and may, at its <br />option, declare the whole of said note and all indebtedness represented thereby to be immediately due and payable, and may foreclose this' <br />mortgage or take any. other legal action to protect, its right, and from the date of such default all items of indebtedness secured hereby <br />shall draw interest at 9% per annum. Appraisement waived <br />This mortgrige'shall be binding upon and shall enure to the benefit of the -heir, executors, administrators, successors and assigns of <br />the respective parties' hereto. <br />IN WITNESS WliWOF, said"Mortgagors ha Ve hereunto set their hand S me day cmd year first above <br />S written., <br />i <br />- orge tos <br />',Marie asS <br />