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010�MiCROFILMED <br />.j <br />THIS INDENTURE WITNESSETH,.that LORAN L..CROSBY AND JUDITH M. CROSBY, AS JOINT TENANTS <br />AND NOT AS TENANTS IN CbMMON <br />of HALL County, Nebraska, herein called MORTGAGOR, in consideration of 3 42,320.00 in hand <br />p . aid, hereby grant, bargain, sell and convey to THE FIRSTNATIONAL BANK OF GRAND ISLAND <br />GRAND ISLAND, NEBRASKA <br />herein called MORTGAGEE, its successors and assigns forever, the following described real estate situated in the of <br />County, Nebraska, to -wit: <br />LOT T14ELVE (12) IN SPELTS—SCHULTZ ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />t6gether with all the appurtenances tbereunto belonging or in any wise pertaining thereto. Mortgagor iclinquislies all rights of homestead -and <br />all other contingent interest in said premiscs. The conveyance of the premises above described together with all the rents, issues and profits <br />thereof is made to secure the rcpaynicn*t of a loan made by the Mortga,*,ce to the Mortgagor, as cvidci��ccd.;:by a promissory note of even datc� <br />herewith in the principal suni of Forty—Two Thousand Thr6e Hundred Twenty An'd'N'o/100 — — — — — — <br />-Dollars <br />(S 42,320.00 executed by the 'Mortgagor and payable to the order of the Mortgagee, with iliterest at tile ratelthercin set fortli,- <br />the principal and interest payable in;accordancc with the terms of said'�romissory note, and finally maturing on Febr'. 11 19 76 <br />All sunis due shall bear interest after the due date at the rate of % per annum, and with a.'reasonable attonie�s fee as may be <br />determined by the Court <br />Mortgagor licreby expressly covenants and agrees with Mortgagee, a's follows: <br />1. 'Mortgagor is lawfully seized 'of all indefeasible estate in fee simple free from encumbrances and I - ]as good right an& po'iv'er to convey <br />an absolute title, in fee simple, includiing all the rights of homestead. <br />2. To pay all sums hereby securid when due. <br />3. To pay when due all taxes atfd 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 tile lien of* <br />this mortgage. <br />4. To keep all buildings oil the ortgaged property insured against)oss and damage by fire, windstorm and other liazards,1with such solvent <br />insurance company or companies, and in such amounts, as are satisfact6.ry with the Mortgagee, and with the proceeds of lo�s payable to'tlic <br />Mortgagee as its interest may appear. The policies of insurance, and abstracts and other evidence of 'title', shall ll� deliverea to and held by <br />the Mortgagee witliout liability, and upon foreclosure of this mortgage, or acquisition of the real-estate or any part thereof, in #ny other manner, <br />shall become the absolute property of tile Mortgagee. <br />.5. Mortgagor will maintain the property in its present condition. of repair, and will not commit or s'uffer waste thereof. <br />6. In tile event Mortgagor fails to pay any claim, lien or encumbraiice or the taxes or�assessnients, above mentioned, or ilay the premiums <br />of insurance, or keep.. said premises in repair, or shall commit or permit ilic commission of any waste,. or'shail default in the pdrforrifance of any <br />of the terms, covenants and agreeme�ts of the promissory note secured by this mortgage, or of this mortgage, or if the Mortgagor' sliall abandon <br />said property, or if'tlic 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, taxei, assessments, or premiums, with right of 'subrogation thereunder, or <br />make repairs, or purchase a tax titic,;aiid may procure such abstracts of 'title or other evidence of title a's it deems necessary, qr pay court costs, <br />a nd all sums so paid, with interest at the maximum 'rate allowable by l4w, shall become a part of the indebtedness hereby. ; ecu' <br />s red, and also <br />the whole of the indebtedness secured hereby sliall become and be immediately due and payable at the 'option of the Mortgagee w ithout notice <br />r � o deniaiid, which are hereby cxpressiy waived, and this mortgage may be foreclosed. <br />7. Mortgagor hereby assigns to ;the Mortgagee as additional and , collateral security all profits, I reve mics, royalties, rions'and benefits <br />accruing to the Mortgagor under any,and all present or fut ' tire oil and gas ]cases on said premises with the right to receive alad apply them at <br />it's option to said indebtedness. This ;,assignment shall terminate and become mill 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 preellideQ from the exer- <br />cise thereof during the continuance of. any default or breach of covenant. <br />9. This mortgage may be forcclo'�ed with all legal or equitable rights, permitted under the laws of the State of Nebras"ka not expressly <br />provided for herein inuring to the benefit of the Mortgagee. <br />10. When the foregoing covenants and agreements have been performed, this mortgage sliall be void and shall be released at the expense of <br />Mortgagor; otherwise to remain in full force and effect. <br />INWITNTSS WHEREOF, the Mortgagor has hereunto executed this instrument this 16th day of October -1975 <br />4- <br />