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REAL ESTATE MORTGAGE FOgrr FLp- 208 (6-72) <br />009t�irj Date August 28. 1975 <br />i <br />Richard F. Barber, Jr. and Thelma F. Barber, husband'and wife <br />-Mortgagors,: <br />of HallCounty, Nebraska in consideration or <br />the advance of..the principal sum•reclted in'the note hereinafter described, receipt of N+hIch is acknowledged, hereby <br />mortgage and•eonvey to <br />THE FEDERAL LAND BANK OF OMAHA, a Corporation, <br />of Omaha, Douglas County, Nebraska, vihose address <br />is Farm Cred'i.t 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 highvrays), thefollovring <br />described real estate in Hall County, . Nebraska <br />SEC.. TWP. RG. <br />containing X80 acres, more or less, together vrith all of tY}e 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't•tortgagors, 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 sal¢ mortgaged premises, nov+ or hereafter issued, extended, or renevred 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 mortgagd�is given to secure a promissory note of even date herevrith; executed by Mortgagors to Mortgagee, in: <br />the principal. sum of FORTY-TWO THOUSAND SIX HUNDRED AND NOZ7100 - - - - - - - - - - - -DOLLARS,- <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 March , 20Q41 This conveyance shall be void upon the payment of said. <br />promissory note. <br />This mortgage is subject to the provislonslof 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 Mor.tgagorst appli <br />cation for said loan and authorized by said Act. <br />The Mortgagors, and each of them, hereby warrant that they are fee owners of the mortgaged real property; that they? <br />will defend the title against all claimants vihomsoever, and that said property is free from all encumbrances; that; <br />they v+ill 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 oath the Mortgagee,. <br />as follows: <br />(1) That they Trill pay v+hen 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 v+hich 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 nov+ due or to become due under the terms of each lease, permit, license, or* <br />privilege on the public domain ;vhich is appurtenant or nonappurtenant.,to the mortgaged premises, vihich has been <br />Issued, extended, or renevred by the United States or the state In.v+hich the above-described property .is located: and <br />to perform and observe every act, covenant, condition, and•stipulatlon necessary to keep each of the same In good <br />standing; and to take every necessary step to secure the reissue, renevial, or extension of each of the same; and to <br />assign, viaive, 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 condemnatlon•and bankruptcy <br />proceedings, -the Mortgagee may incur expenses and advance payment for abstract fees, attorney fees.(except to the <br />extent prohibited by lavr), costs, expenses,:and other charges. <br />(5) That in Uhe event the Mortgagors fail to pay when due any taxes,--ilens, 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.Tees, attorney fees, costs, <br />expenses, and,dther charges In connection vtlth 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 />