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i;�ji <br />THIS•INDENTURE WITNESSETH, that MERLE L. ,MOORE and DOROTHY K. MOORE, ; husband and wife,..{. <br />as joint tenants and not as tenants.in common, <br />of Hall' County, Nebraska, herein called MORTGAGOR, in consideration of $ 33,000.00 , in hand - <br />paid; docs hereby grant, bargain, sell and convey to TM FIRST NATTONAT.. RANK( �$�jjjZ <br />GRAND ISLAND, NEBRASKA <br />herein called mOR"TGAGEE, its successors and assigns' forever, the following described real estate situated in the Cii=y of <br />Grand -Island, Hall L.. County, Nebraska; to-wit: <br />LOT SIX (6), SEVEN V) AND EIGHT (8), IN BLOCK TWENTY—TTdO <br />(22), PACKER AND BARR'S SECOND ADDITION TO THE CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA,, <br />together with all the appurtenances thereunto belonging or in any wise: pertaining thereto. Mortgagor relinquishes all rights of homestead and <br />all other contingent interest-in said premises. The conveyance of the premises above described together with all the rents, issues and profits <br />thereof is made to, secure the repayment of a loan made by the Mortgagee to the Mortgagor, as evidenced by a promissory note of even, date <br />herewith in the principal sum of <br />THIRTY—THREE.THOUSAND DOLINS AND N0/100-----=--------------------------------- dollars <br />(s33,000.00* ), executed by the Mortgagor and payable to the order of the Mortgagee, with interest at the rate therein set forth, <br />the principal and•interest payable in accordance with•ttie terms of said promissory note,.and finally maturing on October 10 ; 1980. <br />All sums due shall bear interest after the due date abtfie rate of 9 1Jo per annum, and with a reasonable attorney's fee as may be <br />determined by the ,Court <br />Mortgagor hereby expressly covenants and agrees with Mortgagee, as follows: <br />1. Mortgagor is lawfully seized of an indefeasible estate in fee simple free from encumbrances and has good right and power to convey <br />an absolute title, in fee simple, including all the rights of homestead. <br />2. To pay all sums hereby secured when due. <br />3. To pay when due all taxes and assessments of every type or nature levied or assessed against said property, or upon the Mortgagee's <br />interest therein; and also to pay any claim, lien or encumbrance against said property which-may be 'or become prior and senior to the lien of <br />this mortgage. <br />4. To keep .all buildings on the mortgaged property insured against loss and damage by fire, windstorm and other hazards, with such solvent <br />insurance company or companies, and in such amounts, as are satisfactory with the Mortgagee, and with the proceeds of loss payable to the' <br />Mortgagee as its interest may appear. The policies of insurance, and abstracts and other evidence of title, shall be delivered to and held by: <br />the Mortgagee without liability, and upon foreclosure of this mortgage, tor acquisition of the real estate or any part thereof, in any otlicr;manner,' <br />shall become the absolute property of the Mortgagee. <br />5. Mortgagor will maintain the property in its present condition of repair, and will not commit or suffer waste thereof. <br />6. In the event Mortgagor fails to pay any claim, lien or encumbrance or the taxes or assessments above mentioned, or pay the premiums, <br />of insurance, or keep said premises in repair, or shall commit or permit the commission of any waste, or shall default in the performance of any; <br />of the terms, covenants and agreements of the promissory Note secured by this mortgage, or of this mortgage, or if the Mortgagor shall abandon <br />said property, or if the Mortgagee shall be made a party in any suit on :account of the existence of this mortgage or involving the title to said <br />real estate, the Mortgagee may pay said claims, liens, encumbrances, taxes, assessments, or premiums, with right of subrogation thereunder, or'. <br />make repairs, or purchase a tax title, and may procure such abstracts of title or other evidence of title as it deems necessary, or pay court costs, <br />and all sums so paid, with interest at the maximum rate allowable by law, shall become a. part of the indebtedness hereby secured, and also <br />the whole of the indebtedness secured hereby shall become and be immediately due and payable at the option of the Mortgagee without notice <br />or demand, which-are hereby expressly waived, and this mortgage may he foreclosed. <br />7. Mortgagor hereby assigns to the Mortgagee as additional and collateral security all profits, revenues, royalties, rights and benefits <br />accruing to the Mortgagor under any and all present or future oil and gas leases on said premises with the right to receive and apply them at <br />its option to said 'indebtedness. This assignment shall terminate and become null and void upon release of this mortgage.. <br />8. No delay by the Mortgagee in exercising any of its rights hereunder shall operate as waiver thereof or shall preclude it from tile, oxer <br />fisc thereof during the continuance of any default or breach of covenant. <br />9. This mortgage may he foreclosed with all legal or equitable rights, permitted under the lawsof the State of Nebraska not expressly <br />provided for herein inuring to the benefit of the Mortgagee. <br />10. 'hen the foregoing covenants and agreements have been performed, this.mortsage shall be void and shall be released at the expense of <br />Mortgagor; otherwise -to remain in full force and effect. <br />IN WITNESS WHEREOF, the. Mortgagor has hereunto executed. this instrument this- .29thday of August 11975 <br />Mer e);. Moore <br />Dorothy K.. broore <br />