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MORTGAGE—Savings: and Loan Form—(Direct Credit flan) 255.2.(Spedai) <br />MORTGA►GE <br />�i <br />0i)9el,;}Ej <br />Loan No <br />THIS INDENTURE, made this 28th' day ofAugust .19 75 by and between <br />MARVIN REX VAN DYKE AND SHARON ANN VAN DYKE, as husband and wife, each in*his and her <br />own right and as spouse of the other, <br />Of Hall County, Nebraska, as mortgagors and Homo Federal Savings and Loan Association of Grand Island, <br />a corporation organized and existing under the laws of Nebraska with its principal office and place of7business at Grand Island,. Nebraska, <br />as mortgagee; <br />WITNESSETH: That said mortgagor S for and in consideration of the sum of <br />THIRTY-TWO THOUSAND AND N0/100 - - - - - - - - - -.- - - - - Dollars (S 32,000.00 ) <br />the receipt of which is hereby acknowledged, do—:by those presents mortgage and warrant unto said mortgagee,: its successors and <br />asnigna, forever, .all the following described real estate, situated in:the county of Hall <br />and State of Nebraska, to -wit: <br />LOT FORTY-ONE (41) CAPITAL HEIGHTS SEVENTH SUBDIVISION, PART OF:THE EAST.1,362.55 <br />FEET OF°SOUTHERLY 832 FEET OF T.HE NWk SECTION 2, TOWNSHIP 11 NORTH, RANGE 10 WEST <br />6th P.M.. IN HALL COUNTY, NEBRASKA. <br />Together with. all hooting, lighting, and plumbing equipment and fixtures, including stokors and burners, screens, awnings, storm windows <br />and doors, and window shades cr 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, bereditaments 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 mortgageo <br />that --the y are crt the delivery hereof, the lawful owner --L of the premises above conveyod and described, and are <br />seized of a good and indefeasible estate of inheritance theroin, free and clear of all encumbrances, and that t he. 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 />THIRTY-TWO THOUSAND AND N0/100 - - - - - - - - - - - - - - - - Dollars (S 32,000.00 <br />,with interest thereon, together with such charges and advances as may be duo 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 S to said mortgagee, payable <br />as expressed in said note, and to secure the performance of all the terms and conditions contained thorofn. 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 future advances made to said <br />rortgagor S ;by said mortgagee, and any and all indebtedness in addition to the *amount above stated which said mortgagors, or, any <br />of them, may.ovro to said mortgagee, however evidenced, whether by note, book account or otherwise. This mortgage shall remain in full <br />force and effoct,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 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 charge of said property and collect all rents and income <br />therefrom and.apply the name to the payment of uitoresb principal, insurance premiums, taxes, assessments, repairs or.improvements neces• <br />Bary to keep said properly in tenantable condition; or to other charges or payments•provided for herein or in the note hereby secured. This <br />rant assignment shall continue in force until the Vnpaid balance of said note is fully. paid. The taking of possession hereunder shall in no <br />mannor prevent or retard said mortgagee in the colloction of said sums by foreclosure or otherwise. <br />The failur© 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 insist upon and enforce strict compliance with, all the terms and provisions of said note and ofthis <br />mortgage. <br />If said mortgagor"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 --9.- 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 affect, 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 duo 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. Apprafsomont waived. <br />This mortgage shall be binding upon and shall enure to the benefit of the heirs, executors, administrators, successors and assigns of <br />the respective parties hereto. <br />IN WITNESS WHEREOF, said Mortgagor S_hn Ve hereunto set their hand S the day and year first above <br />written. <br />112. n� <br />