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REAL ESTATE MORTGAGE
<br />010213
<br />ACCOUNT
<br />MORTGAGbR(S): I I
<br />r5T NAi,11 - FI"ST INITIAL JIPOUI�'5 NAIII
<br />KO..STYNSKY WALTER, . IRENE
<br />MORTGAGEE:
<br />AVCO FINANCIAL SERVICES �Of
<br />SOUTHERN' CAMRNIA INC*
<br />1212 West 2nd Street . :-
<br />Grand Island
<br />NEBI.�ASKA
<br />AGREED RATE OF CHARGE ON PROMISSORY NOTE EXECUTED CONCURRENTLY HEREWITH: The agreed rate of charge is'21Mo, per month on that
<br />part of the unpaid balance not exceeding $300; 2% per month on any part therecifexeceding $31dO but not exceeding S500; I%% per month on any part thereof
<br />exceeding $500; but not exceeding $1000; and Irlo per morith on my part therecifexceeding S1000 but not exceeding $3000.
<br />IN I I N116MI, III, Illat Alortgagor(s). (foes nlortgag1c, grant, bargain, sell, and convey, unto Mortgagee, its successors or assigns the following described Real,Estate
<br />in (lie county of . Hall , State of Nebraska, to wit:
<br />LOTS NINETr ONE (91) AND NINETY TWO(92) IN BELMONT ADDITION TO THE CITY
<br />OF GRAND ISLAND3, HALL-COUNTY9 NEBRASKA
<br />together with all buildings and improvements now or hereafter erected thereon and all screens, awnings, shades, storm sash and blinds,and licating,ligliting,
<br />plumbing, gas, electric, ventilating, refrigerating and air-conditioning equipluent used in connection therewith, all 'of which, for the purpose of this mortgage,
<br />sliall be decined fixtures and subject to the lien liereof, and the hereditainents and appi4teliances pertaining. to the property above described, and all streets,
<br />laties, alleys, passages, ways, waters, water courses, rights, liberties and privileges, whatsoever theretinto belonging dr in anywise appertaining and the reversions
<br />and remainders, all of which is referred to hereinafter as file "premises".
<br />J'10 IIANIE AND TO HOLD the above-described premises, with the appurtenances and fixtures, unto the said Mortgagee, its successors it lid assigns, forever, for
<br />the purpose.% and uses herein set forth, free from all rights and benefits under and by virtue of any floinestead-Excillption Laws of the State of Nebraska
<br />which may be enacted, whicil said rights and benefits the said Mortgagor does hereby expressly release and Walve.
<br />Morigagor also assigns to Mortgagee all rents, issues and profits of said prejuises, reserving the right to collect and use the sanic, with or without taking
<br />possession of the premises, during coil tinuance of default hercurider, and during continuance of stich default authorizing Mortgagee to enter upon said premises
<br />and/or -to collect and enforce the same without regard to adequacy or any security for the indebtedness hereby secured by any lawful means including
<br />appointment of a receiver in the name of any, part), herclo, and to apply the same less costs and expenses of operation and collection, including reaso3nable
<br />attorney's rees, upon any indebtedness secured hereby, in such order as Mortgagee may determine.
<br />FOR THE PURPOSE 0 . F SECURING: (1) Performance of each agreement of Mortgagor contained hercin; (2) Payment of the principal suni with in ierest,
<br />its provided in qccorclance with the terms 'and provisions of it Promissory Note/ Loan Agreement (hereinafter referred to as "promissory note")
<br />dated 9/26/75 252501
<br />, herewith executed by Mortgagor and payable to (lie order of Mortg'agee,
<br />in the principal suill of S-0—zlm— and having the date of' its final payment due Oil - . 79'
<br />or its extended, deferred or rescheduled by renewal or refinance; (3) Payment of any additional advances, with interest thereo'n, as may lie
<br />reafter be
<br />loaned by Mortgagee to Mortgagor in ;I maximuni stun of S3.000.00 within 10 years from tile date of this Mortgage; (4) The payllient or any
<br />money that may be advanced by the Mortgagee to Mortgagor for any reason or to third parties. with interest thereon, where the amounts are advan e I to
<br />protect the security or in accordance with tile covenants of this Mortgauc: (5) Any renewal, refinancing or extension orsaid promissory note, or arlyc-o(ther
<br />agreement to pay which may be substituted therefor.
<br />All payments made by Mortgagor on the obligation secured by this Mortgage sliall be applied in file following order:
<br />FIRST: To tile. 'payment of taxes and assessments tha't may be levied and assessed against said premises, insurance premiums, repairs, and all :otlier
<br />charges and expenses agreed to be paid by [lie Mortgagor -
<br />SECOND: To the payment 'of' interest due oil said loan.
<br />THIRD: To file payment of principal.
<br />TO 110TECT TIIE- SECURITY HEREOF, MORTGAGOR(S) COVENAN'I"S AND AGIZI--F-S: (1) to keel) said premises insured against lossby fire and
<br />other �Qards, casualty I and contingencies up to the full value or all'improvenients for file' 'protection of Mortgagee in such inanner, in such amounts, and
<br />in such companies as Mortgagee may from time to time approve, and that loss procce(is (less expense or collection) sliall, at Nfortga.ce's option, be
<br />applied oil said indcl)tedriess, whether due or not or to the restoration of said improvements. it, eveni or loss Mortgagor will give immediate noiice by
<br />mail to the Mortgagee, �%,iio may make proor or loss ir lot made promptly by Mortgagor, and each insurance company concerned is hereby authorized and
<br />directed to make payment for such loss directly to the Nlorl�agec instead of to the Mortgagor. (2) To pay all taxes and special assessilientsofany kind
<br />that have been or may be levied or assessed upon said premises, and to deliver to Mortgagee, upon request of the Mortgagee, the official receipt showing
<br />payment of all such taxes and assessments. (3) In the event of* default by Mortgagor'under Paragraphs I or 2 above, Mortgagee, at its option, inay (a)
<br />place and keep such i insurance above provided for in force throughout the life of -this Mortgage anoll pay the reasonable premiums and charges therefor; (b)
<br />pit), all said taxes and assessments without determining the validity thereor; and (c) Pay such liens in(] all such disbursements shall be deenled a part of
<br />the indebtedness secured by this Mortgage and sliall be immediately (file and payable 1)), Mortgafzor to Mortgagee. (4) To keep the buildings and other
<br />improvements now existing or hereafter erected in good condition and repair, not to commit or stiffer my waste or any use ofsaid premises contrary to
<br />restrictions of record or contrary to law, and to permit Mortgagee to enter at all reasonable times for tile Purpose of inspecting tile premises: not to
<br />remove or demolish any building thercon; to restore promptly and in a good and workmanlike inanner ;my buildings which may be damaged or destroyed
<br />thercon, and to pay, when due, all claims for labor performed and materials furnished therefor; (5) That lie will pay. promptly the indebtedn"s secured
<br />hereby, and perform all other obligations in full Compliance with tile terms of said Promissory Note and this Mortgage; (6) That the time ofpayment or
<br />the indebtedness hereby secured, or of -.my portion therecif, may be extended or renewed, and any portions of the pre-juises herein described may, without
<br />notice, be released from the lien hereof, without releasing or affecting the personal liability of any person or the priority oftlIisNIortgagc;(7)That lie
<br />does hereby forever warrant and will forever defend the title and ppssession thereof against the lawful claims of any and all persons whatsoever.
<br />IT IS MUTUALLY AGREED THAT: (1) If the said Nlortpgor shall fail or neglect to pay installments oil said Promissory Note as the same may hereafter
<br />become due, or upon deiault in performance of any aggreement lierel",i!der, or upon sale or other disposition of the premises by Mortgagor, or should any'
<br />action or proceeding be filed in any court to enforce any lien on, cl Hin against or interest in the premises, tile', .111 sunis ooving by the Morigagor to tile
<br />Mortgagee tinder this. Mortgage or- tifider the Promissory Note secured hereby shall immediately become due and payable at tile option of' the Mortgagee,
<br />on the application of the Mortgagee, or assignee, or any other person who may be entitled to tile Monies due thereof'. [it stich event the Mortgagee shall
<br />have the right immediately to foreclose this mortgage by complaint for that purpose, and such complaint may be prosecuted tojjidginent and execution
<br />and sale for file collection of the whole amount of the indebtedness and interest thereon, including reasonable attorney's fees , any amounts advanced
<br />pursuant to this mortgage, costs of suit, and costs of sale, if permitted by law.
<br />(2) In the event said premiscs are sold at a foreclosure sale, Mortgagor(s) shall be liable for any deficiency remaining after sale ofthe premises iffierinitted by
<br />law, and. application of, the proceeds of said sale to the indebtedness secured and to tile expens�s of foreclosure, including Mortgagee's reasonable attorney's
<br />fees and legal expenses if allowed by law.
<br />(3) Mortgagee sit all be subrogated to the lien of my and all prior encumbrances, liens or charges paid and discharged from the proceeds of the loan
<br />hereby secured,.and even though said pricii liens have been.released of record, the repayment of said indebtedness sliall be secured by such liens on the
<br />portions of said premises affected thereby to the extent of such payments, respectively.
<br />(4) Whenever, by the terms of this instrument or of said Promissory Note, Mortgagee is given any option, such option may be exercised when the right
<br />accrues or at any time thereafter, and no acceptance by Mortgagee of paymerif of indebtedness in default shall constitute a waiver of any default then
<br />existing and continuing or thereafter accruing.
<br />26-0475 (REV. 4-73) NB
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