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IkXnnTr_acr_c,.s..... -4 trr _(ntract credit Plan) 255.2. (Special) <br />• <br />MORTGAGE'T.'. <br />008949 ?; <br />Loan No ,• <br />THIS INDENTURE, made this � / ' day of J U I Y 19 75 •, by and between <br />FRANK J. MARTINEZ AND DONITA E.. MARTINEZ husband and wife each in his and -.her own <br />right and as spouse -of the other, <br />Of Ha I I County, Nebraska, as mortgagors and Home Federal Savings and Loan Association of Grand Island, - <br />a corporation oKganized and existing under the laws 'of Nebraska with its principal, office and place of business at Grand.Island, Nebraska, <br />as mortgagee; <br />WITNESSETH: 'That said mortgagor, for' -and in consideration of the sum of <br />FIFTEEN THOUSAND NINE HUNDRED AND NO/100--------------=------------Hollers (s 150900 -nn ). <br />the recoipt of which is hereby acknowledged, do._. by these presents mortgage and warrant unto said mortgagee, it's successors and <br />assigns, forever, -all the following described real estate, situated in the county of Ha I I <br />and State of Nebraska, to -wit: <br />LOT ONE (1) IN BLOCK TWENTY FOUR (24) IN PACKER AND BARRIS SECOND ADDITION <br />TO,THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND THE NORTHERLY• <br />ONE?'HALF OF BLAKE STREET -LYING ADJACENT TO LOT ONE (1), BLOCK TWENTY—FOUR <br />(24) IN PACKER AND-BARRIS SECOND ADDITION TO JHE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA BEING VACATED BY ORDINANCE #4991. <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 4with 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 5 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 �he�L— 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 />FIFTEEN THOUSAND NINE HUNDRED AND NO/ 100 ----------------'--------collars (s 15 ,900.00 ) <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 fs the int enIto n and agreement of the parties hereto that this mortgage shall also secure any future advances made to said <br />mortgagors_ 'by said mortgagee, and any and all indebtedness in addition to tho' amount above staled 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, untilall` amounts secured <br />hereunder, including future advances, are paid in full with interest. <br />The mortgagor_S_ 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 cliarge 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 necos• <br />sary to keep said properly 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 mdrigageo to as 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 insist 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 G- shall comply with all the provisions of said note and of this mortgage, then these presents shall be void; <br />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. Appraisomont waived. <br />This mortgage shall be binding upon and shall enuro to the benefit of the heirx, executors, administrators, successors. and assigns of <br />the respective parties hereto. <br />IN WITNESS WHEREOF, said Mortgagor L–ha Ve hereunto set the l r band 5 the day and year first above <br />written.. , 7 <br />ez <br />::;3nMa�t ez <br />