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0101t58 <br />Form HLIVN6. 6238-Neb. <br />(Sec. 312 Loan). <br />(Revised Aug. 1970) <br />MORTGAGU <br />Thig Mortgage made as of the T%qenty Ninth day of SP,'ptember '19 75, between <br />*f more than one party jointly and <br />John and Jeannine Oliver (hereinafter callccl, and I <br />Grand <br />severally hereinafter called "Mortgagor"), residing at 551 East l2th� - Island Hall County, Nebraska <br />and the United States of America (hereinafter 'called "Mortgagee"), acting by aqd,through the Department of Housing and Urban <br />Development having a Regional Office at 911 North Walnut Street,.Kansas City and <br />State of MiSSoiati. <br />WITNESSETH, that to secure the payment of an indebtedness in the principal amount of Eleven Thousand Nine <br />Hundred* Dollars ($ 11,900.00 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 paFt hereof, and all other indebtednes's 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 />following described property situate in County, Nebraska. <br />The Hall <br />Fractional Lot One (1) in Capitol Hill Addition.to the City of Grand Islnnd, <br />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 buildings 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 arc hereby assigned to the Mortgagee and are deemed a part of the property <br />mortgaged hereby, and the Mortgagce is hereby authorized to collect and receive 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 tile amount owing thereon may not then be due and payable; and the Mortgagor 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 />such 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, buildin!-s, other structures, fixtures, articles of personal <br />property, awards and other rights and interests being hereinafter collectively called tile "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. Tile Mortgagor will promptly pay tile 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 Nvhcn due, as hereinafter provided, all ground rents, if any, and all taxes, assessments, water <br />rates and otll-c'r governmental charges, fines and' impositions, of every kind and nature whatsoever, now or hereafter imposed on <br />the mortgagedt 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 tile Note were executed and delivered to secure money5 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 September 15 ' 19 7 5 , 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 catastrophics, riots, war or insurrection, the <br />Mortgagee after due notice to the Mortgagor is hereby authorized (a) to enter upon the mortgaged pro'pqrty and employ any watch- <br />men to protcct 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 tile purpose of making any of the Improvements, <br />(c) to make and enter into additional contracts and incur obligations for the purposes of compl�ting 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 />