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lm� <br />010299 <br />The mortgagor does.hereby covenant with the mortgagee,'its successors <br />and adsigns, that it is lawfully sei.z.*ed of said premises; that'such premises are <br />free ' f.r.om encumbrances and that they will warrant and defend such premises against <br />lawful*claims of any and all-persons'whomsoever. <br />TO HAVE AND TO HOLD -the premises above described with all improvements <br />thereon, including all heating, gas and plumbing appa . ratus and fixtures and all- <br />appureenances thereunto belonging unto the said The First National Bank of Grand <br />Island, Grand Island, Nebraska, I and.to its successors and assigns forever, provided <br />always, and these presents are up6n the express condition that if the said mortgagor, <br />its successors or assigns' shall pay or cause to be paid to The First National Dank <br />7 <br />of Grand Island, Grand Island, Nebraska, its successors or assigns, the sum of <br />FOUR HUNDIRED THOUSAND.AND NOIIOO ($400,000.00) DOLLARS, plus interest at Nine'Perte'nt <br />.(9%) per annum, payable on Apri ' 1 1, 1976, all according to the tenure and effect of <br />the one promissory -note of the mortgagor bearing even date with these presents; shall <br />pay all taxes and asses*sments levied upon such real estate, and all other taxes, <br />levies and assessments levied on this'mortgage or upon note which -this mortgage is <br />given.to secure before'the same becomes delinquent; shall keep the buildings ' on said <br />premises insured for the sum of at least $400,000.00 loss, if any, payable to such. <br />mortgagee, its successors or assi . gns, and deliver to said mortgagee, its successors - <br />or assigns, the policies for said insurance, and shall not permit or commit any was . te <br />-upon such real property, then these presents to be void, otherwise.to be and'remain. <br />-in full force and effect. <br />IT IS FURTHERAGREED: <br />1) That if the said mortgagor shall fail to pay such taxes or procure <br />such insurance, the mortgagee, 'its successors or assigns, may pay such taxes and <br />'p.rocure.suchlinsurance and the sum so advanced with interest at nine percent (9%) <br />per annum,.shall be paid by the said mortgagor and this mortgage shall*stand for <br />security of the same. <br />2) That failure to pay any of said money, either principal or interest, <br />when the same becomes due, or a failure to-' <br />comply with any of the foregoing <br />agreements, shall cause the whole sum or sums of money herein secured to become <br />due and collectible at once at the option of the mortgagee, its successors or assigns. <br />3) Incase of a for6closure of this mortgage under any of these provisions <br />a rece,ivor may be appointed to collect the rents, and profits from the mortgaged <br />premises and proceeds of any such rents and profits so collected shall be applied on <br />the debt secured hereby. <br />4) The mortgagor to have the privilege of making prepayments on the <br />principal of the mortgage debt without premium, as provided in such note. <br />Dated this lst day of October, 1975. <br />Signed Sealed a d Del'vered <br />ROBERTS DAIRY COMPANY <br />By <br />4j, <br />Larry. Ko.che . n. Secretary Calvin D. Fisher, Piesident <br />STATE OF NEBRASKA <br />SS: <br />.COUNTY OF DOUG1 AS—) <br />On this lst day of October, 1975, before me, the.undersigned, a Notary <br />Publici,in and for said County, personally came Calvin D. Fisher, President of.the <br />Roberts Dairy Company, to me personally known to be the President and the identical. <br />person , whosename'is affixed to . the foregoing conveyance, and acknowledged the <br />execution thereof to be his voluntary act and deed as such officer and th . e volunta I ry <br />act and -deed of-tbe said Roberts Dairy Company and that the corporate seal of the <br />Rober ts Dairy Company was thereto affixed by its authority. <br />WITNESS my handand Notarial Seal at nm�h. in said County,. <br />ear last above written. <br />& <br />4b <br />NOTARY <br />Notary Public <br />EXPIRES <br />joj�on xpires <br />tr Filed fo <br />r record 022del-, 14, /2 �g at M. n look 1-71 <br />O;N Page- 70 <br />Jean V1 sber. Registerdfbeeds, <br />171 Hall County, Nebraska <br />