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Form JAWN0. 6238-Neb. <br />(Sec. 312 Loan) <br />(Revised Aug, 1970) <br />MORTGAGE';.o�� <br />000310 <br />This Mortgage made as of the Twent First day of August 75 <br />yy 19 ,between <br />Ted J. and Viviat7 M. Walford (hereinafter Called, and if more than one party jointly and <br />severally hereiriafter called "Mortgagor"), residing at 1304 St.Faul Rd, Grand Island, Hall County, Nebraska <br />and the United States of America (hereinafter called "Mortgagee"), acting by and through the Department of Housing and Urban <br />Development having a Regional Office at 911 North Walnut Street; .Kansas City and <br />State of Missouri <br />WITNESSETH, that to secure the payment of an indebtedness in the principal amount of Seventeen Thousand <br />Four Hundred Dollars 17,400.00 ), with interest thereon, -which shall be payable in accordance with a <br />certain note bearing.even date herewith, a true and correct copy of which, exclusive of the signature of the Mortgagor, marked <br />"Schedule A" is annexed hereto and made a part lereof, and all other indebtedness which the Mortgagor is obligated to pay to <br />the Mortgagee pursuant to the provisions of the Note and this Mortgage, the Mortgagor hereby grants, conveys and mortgages <br />to the .Mortgagee: <br />The following described property situate in Hall County, Nebraska. <br />PART OF LOT ON!E (1) OF CARRETT'S SUBDIVISION OF PAR T..Or THE EAST HALF <br />OI- SECTION NINE (9), IN TO'.:':NSf?IP ELEVEN (11),.'NORTil, RANGE NSG: <br />(9) 1!EST' OF THE 6TH P.H.,,146RE PARTICULARLY DESCRIBED AS, BEGIN NIG AT <br />A POINT 340.55' NORTH AND 33' 1.7 -ST OF THE SOUTHEAST CORNER OF THE <br />NORTHEAST QUARTER'01-;�) OF-SECTION'NINE (9), TMMSHIP ELEVEN: (11),1:01:'1'H <br />HANGS NINE (9), WEST OF THE GTH P.H., IMICH POINT IS 313.6' NORTH OF <br />THE SOUTHEAST CORNER' OF' SAID LOT ONE (1) ; RUNNING 'THENCE '.-.EST PARALLEL. <br />TO THE 11ORT11 LINE OF LOT ONE (1) A DISTANCE OI- 1901; THENCE NORTH <br />PARALLEL TO THE FAST LINE OF LOT ONE (1) A DISTANCE `OF 55'; TF'ENCE' <br />FAST 190'; THENCE SOUTH ON THE EAST LINE OF LOT ONE (1), A DISTANCE <br />OF 55' TO THE POINT. OF REGI?!NTNG. <br />AND <br />PART OF LOT OHNE (1), OF CARRF.TT'S SUBDIVISION OF PART OF THE EAST <br />HALF (BT%) OF- SECTION NINE (9), 11.1 T01:RISHIP ELEVEN? (11) NORTH, RANGE <br />1!7h`E (9) BEST OF THE SIXTH P.H., N:ORr PARTICULARLY DESCRIBED AS ' <br />F01.L0?•1S, TO-;-IIT:,CWN"NLING AT A POINT FORTY-FIVE (45) FEET SOUTH <br />OF .THE NORTHEAST CORNIER OF SAID 1.OT 0\F (1); ^nU!:1!I!N^ TciEN!CF. SOUTH A?.ON:G <br />AND UPON THE EAST LIVE OF SAID LOT ONE (1) FOR A DISTANCE OF FORTY- <br />FIVE (45) FEET; RUNNING THENCE 4IEST PARALLEL 111TH THE N:OnTH BOUNDARY <br />LINE OF SAID LOT -ONE (1), FOR.' -A PISTA'•ICE,OF ONE HUN'6RiD 1!INNETY (190) <br />FEET: RUNNING THENCE NORTH; PARZAT.l.E-L ?IITH'TP.E EAST !iQU!!DARY LTN!E bF <br />'SAID LOT, FOR-A'DISTAI!CE OF FORTY=FIVE (45) FEET; RUNNING THENCE EAST <br />PAP.ALLEL WITH THE NORTH BOUNDARY LINE OF' SAID LOT O.NK, FOR A DIST..!:CE <br />Or ONE HUNIDRtD -VINETY -(190) FEET TO THE PLACE OF B'GII.NIN (,- <br />BOTH 111 HALL COUNTY, NEBRASKA. <br />TOGETHER, with all appurtenances thereto and all the estate and rights of 'the Mortgagor in and to such property or in <br />anywise appertaining thereto; all buildings and other structures now or hereafter thereon erected or installed, and all fixtures <br />and articles of'personal property now or hereafter attached to, or used in, or in'the operations of, any such land,' buildings or <br />structures which are necessary to the complete use and occupancy of such building's"or structures for. the purpose for which they <br />were or are to be erected or installed, including, but -not limited to' all heating, plumbing, bathroom, lighting, cooking, laundry, <br />ventilating, refrigerating, incinerating, and air-conditioning equipment and fixtures and all replacements thereof and additions <br />thereto, whether or not the same are or shall be attached to such land, buildings or structures in any manner; <br />TOGETHER, with any and all awards now, or hereafter made for the taking * of the property mortgaged hereby,' or any <br />part thereof (including any casement), by the exercise of the power of eminent' domain, including any award for change of <br />grade of any street or other roadway, which awards. are hereby assigned to the Dlortgagee and arc deemed apart of the property <br />mortgaged hereby,. and the Mortgagee is hereby authorized to collect and recei.vc* the proceeds of:such awards, to give proper <br />receipts and acquittances therefor, and to apply the same toward the payment of the indebtedness secured by this Mortgage, not- <br />withstanding the fact that the amount owing thereon- may not then be due and payable; and the Moitgagor hereby agrees, upon <br />request, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning each <br />s::ch award to the Mortgagee, free, clear and discharged of any encumbrances of any kind or nature whatsoever; and <br />TOGETHER, with all right, title and interest of the Mortgagor in and to 'the land lying in the streets and roads in front of <br />and adjoining the above described, land (all the above described land, buildings,!?other structures, fixtures, articles of personal" <br />property, awards and other rights and interests being hereinafter collectively called `the "mortgaged property"). <br />TO HAVE AND TO HOLD the mortgaged property and every part thereof unto the Mortgagee, its successors ,and assigns <br />forever for the purposes and uses herein set forth. <br />AND the Mortgagor further covenants and agrees with the Mortgagee, as follows: <br />1. The Mortgagor will promptly pay the principal of and interest on the indebtedness evidenced by .the Note, and all other <br />charges and indebtedness provided therein and in this Mortgage, at the times and .in the manner provided in the Note and in <br />this Mortgage. <br />2. The Mortgagor will pay when due, as hereinafter provided, all ground rents, if any, and all taxes, assessments, water <br />rates and other governmental charges, fines and impositions, of every kind and nature whatsoever, now or hereafter imposed on <br />the mortgaged property, or any part thereof, and will pay when due every amount of indebtedness secured by any lien to which <br />the lien of this Mortgage is. expressly subject. <br />3. This Mortgage and the Note were executed and delivered to secure moneys advanced, or to be advanced, by the Mortgagee <br />as or on account of a'.loan evidenced by the Note, for the purpose of making the improvements described or referred to in <br />the Bid and Specifications Sheet dated May. .17 , 19 75 , to or on the <br />mortgaged property, and for such other purpose; if any, described or referred to therein, which improvements are hereafter collec- <br />tively called "Improvements." The Mortgagor shall make or cause to be made -all the Improvements. If the construction or <br />installation of the Improvements shall not be carried out with reasonable diligence, or shall be discontinued at any time for <br />any reason; other . than strikes, • lockouts, acts of God, fires, floods or other similar eatastrophies, riots, war or insurrection, the <br />Mortgagee after -due notice to the Mortgagor is hereby authorized (a) to enter upon'the mortgaged property and employ any watch- <br />men to protect ; the Improvements from depredation or injury and, to preserve and protect such property, (b) to carry. out any <br />or all then existing contracts between the Mortgagor and other parties for the .purpose of making any of the Improvements, <br />(c) to make and enter into, additional contracts and incur obligations, for the purposes of completing the Improvements pursuant <br />to, the obligations of the Mortgagor. hereunder, either in the name of the Mortgagee.,or the Mortgagor, and (d) to pay and discharge <br />