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REAL E$ TATE <br />MORTGAGE'. <br />NT PIUMBER <br />MICROFILMED <br />LAST NAMC IMST INITIAL r--1;0USCS NAME <br />MORTGAGEE: <br />AVCO FINANCIAL SERVICES of <br />Nebraska Inc, <br />1212 W. 2nd - <br />Grand Island <br />.,NEBRASKA <br />AGREED RATE OF CHARGE ON PROMISSORY NOTE EXECUTED CONCURRENTLY HEREWITH: The agreed rate of charge is 21/2% per month on that <br />part of the unpaid balance not exceeding S300; 2%, per nionth on any part thercof exceeding $300 but not exceeding $500; 1%% per month on any part thereof <br />$500; but not exceeding $1000; and I"o per month oil any part thereof exceeding $1000 but not exceeding S3000. <br />I — Lluch Mortgage, grant, bargain, sell, and Convey, Unto Morlgagee, its successors or assigns the following described Real'Estate <br />in (lie county of----�— HALL — State of Nebraska, to wit: <br />LOT THREE'(3) IN BLOCK THIRTEEN (13) IN LAMBERTIS ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY$ NEBRASKA <br />together with all buildings and improvements no%%, or hereaffer erected thercon and all screens, awnings, sliades, storul sasli and blinds,and licating,lighting, <br />IV <br />plumbing, gas, electric, ventilating, refrigerating arid air-conditioning equipment Used in connection ti 'rewith, all ofwliich, for thepurposcofthismortgagc, <br />shall be deenied fix,turcs and subject to the lien hereof, afid the liereditanients and appu!teriances pertaining.to the property above described, and all streets, <br />lanes, alleys, passages, ways, waters, water courses, rights, liberties and privileges, whatsoever thereunto belonging or in anywise appertaining and the reversions <br />and remainders, all of which is referred to hereinafter its the "premises". <br />TO HAVE AND TO HOLD the above-described premises, with the appurtenances and fixtures, unto the said Mortgagee. its successors and assigns, forever, for <br />tile purposes and. uses herein set forth, free from all rights and benefils Under and by virtue of all), llonic.stead F"xemption Laws of the State of Nepraska <br />which may be enacted, which said rights and benefits the said Mortgagor does hereby expressly release and waive. <br />Mortgagor also assip'is to Mortgagee all rents. issues and profits of said preniis�s, reserving the right to collect and Use tile sallic, Nvith or without !taking <br />possession of file premises, during continuance of default hereunder, and during continuance ZIf Such default authorizing Mortgagee to enter Upon said premises <br />and/or to collect and enforce the same without regard to ade(luacy of ,my security for the indebtedness hereby secured by any lawful means including <br />appointment of a receiver in the name of all), party hereto, :in(] to apply the sallic less,c Sts :,till expenses of operation and collection, including reasonable <br />attorney's fees, upon any indebtedness secured hereby, ill such order its Mortgagcc inay de eorinine. <br />FOR Till" PURPOSE Of-' SECURING: (1) Performance of each agreenient of' %lortga&or contained it I ercin; (2) Payment of tile principal suin with interest, <br />as provided in accordance with tile terms 'and provisions of it Promissory Note / Loan Agreement (hereinafter referred to as "promissory note") <br />dated 10-6-75 <br />, herewith executed by Mortgagor and payable to the order of Mortiagee, <br />in the principal suill of s . 2822-35 and having the clate of its final payment due on 10-648 <br />or as extended, deferred or rescheduled by renewal or refinance; (3) Payment of my additional advances, with interest thereon, as may hereafter be' <br />leaned by Mortgagee to Mortgagor in a inaximUln Still) of $3,000.00 within 10 year% from tile date of this Mortgage;' (4) The payment R'f any <br />money tliat may be advanced by tile Mortgagee to Mortgagor for ally reason or to tliir(.i parties, with interest thereon, where the amounts are advanced to <br />protect the security or in accordance with tile covenants or this Mortgage; (5) Any renewal, refinaticing or extension ofsaid promissory note, or ;my other <br />agreement to Pay which may be substituted therefor. <br />All payments made by Mortgagor on the obligation secured by this Mortgage shall be applied ill the followill"', order: <br />. FIRST: To the payment of taxes and assessments that may be levi-ed and assessed against said premises, insurance premiums, repairs,and all'other <br />charges -and expenses agreed to be paid by the Mortgagor. <br />SECOND: To tile payment lof interest due oil said loan. <br />THIRD: To the payment of principal. <br />TO PRoTEC'I' THEE SECURITY moRTGAGOR(S) COVENANTS AND AGREES: (1) to keel) said premises insured' against loss.by fire and <br />other hazards, casualty and contingencies UP to tile full value of all improvements for the 'protection of Mortga t <br />ill such companies as Mortgagee In: _gee in such Inaliner, in such anioun s, and <br />I), from time to time approve, and that loss procced�t (less expense of collection) Shall, at Mortgagee's option, be <br />apl;lied on said indebtedness, whether due or not or to (lie restoration of said improvements. In event of loss Mortgagor will give immediate notice by <br />mail to the Mortgagee, who may make proof of loss it' not. made promptly by Mortgagor, and cach insurance company concerned'is hereby authorized and <br />directed to make payment for such loss directly to tile Morf-gace instead of to tile Mortgagor. (2) To pay all taxes and special :issesstnen ts of any. kind <br />that have been or may be levied or assessed upon said premises, and to deliver to Mortgagee, upon request of tile Mortgagec, the.official receipt Showing <br />payment of all such taxes and assessments. (3) fit the event of (left by Mortgagor under.Paragraphs I or 2 above, MortgageL, at its option, may (a) <br />place and keep such insurance above provided for in force fit roughoutu ,,lie life of tilis Mortgage and Pay the reasonable premiums and charges therefor; (b) <br />pay all said taxes afid assessments without determining tile validity thereof; and (c) Pay Such liens and till suell disbursements shall be deemed a part of <br />tile indebtedness secured by this Mortgage and shall be immediately due and payable by Mortgagor to Mortgagee. (4) To keep the buildings and other <br />improvements now existing or hereafter erected in good condition and repair, 'lot to commit or stiffer :my waste or any Ilse ofsaid premises contrary to <br />restrictions of record or contrary to law, and to permit Mortgagee to enter at ill[ reasonable times for tile purpose of i "specting the premises; not to <br />remove or demolish any building thereon; to restore promptly and in a good and workmanlike manner an), buildings which may be damaged or destroyed' <br />thereon, and to pay, when due, all claims for labor performed and materials furnislied therefor. (5) That lie will pay, promptly the indeblednesssecurcd <br />hereby, and perform all other obligations in full Compliance witil the terms of' said Promissory Note and -this Mortgage; (6) That the time of payment of <br />the indebtedness hereby secured, or of any portion thereof, may be extended or renewed, and any portions of tile premises herein described may, without <br />notice, be released from the lien liercof, without releasing or affecting the personal liability of' any Person or the priority ofthis Mortgagle; (7) That he <br />does hereby forever warrant and will forever defend the title and possession tilercof against tile lawful claims of my and all persons whatsoever. <br />IT IS MUTUALLY AGREED THAT: (1) If the said Mortgagor shall fail or neglect to pay installments oil said Promissory Note as tile same may lierea . fter. <br />become due, or upon default in performance of any agreement hereunder, 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, claim against or interest in the premises , then all stillis o ing by tile Mortgagor to the <br />Mortgagee under this -Mortgage or'under the Promissory Note secured hereby sliall immediately becorne'd I c and payable at"the option of tile Mortgagee, <br />on the application of the Mortgagee, or assignee, or any other person %%,]to may be entitled to tile monicstilue thereon. In such event the Mortgagee shall <br />have the right immediately to foreclose this mortgage by complaint for that Purpose, and such complaint may be prosecuted trijudgment and execution <br />and sale for the 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 premises are sold at a foreclosure sale, Mortgagur(s) shall be liable for my deficiency remaining after sale oftlic premises ifilermitted by <br />law, and application of -the proceeds of said sale to tile indebtedness secured and to tile expenses' of foreclosure, including Mortgagee's reasonable attorney's <br />fees and legal expEnses if allowed by law: <br />(3) Mortgagee shall be subrogated to tile lien of any and. all prior encumbrances, liens or-c'harges paid and discharged from the pr . occeds of the loan <br />hereby secured,.and even though said prior liens have been released of record, (lie repayment of said indcbtc�dncss shall 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 all), option, such option may be exercised when the right <br />accrues or at any time thereafter, and no acceptance by Mortgagee of payincrif of indebtedness in default shall constitute a waiver of any default then <br />existing and continuing or thereafter accruing. <br />26-0475 (RLV. 4-73) NB <br />