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MORTGAGE—Savings and Loan Form --(Direct Credit Plan) 255-2 (Special) <br />MORTGAGE. <br />Loan <br />THIS INDENTURE. made thIs 2 2 n d - _cj, of October 19 75 by and between <br />WILLIAM R. BARTUNEK AND KATHLEE14 A. BARTUNEK, husband and wife each in his and her <br />,own right and as spouse of the other, <br />of Hall County, Nebraska, as mortgagor_�_ and Home Federal Savings and Loan Association of Grand Island, <br />a corporation *organized and existing under the laws of Nebraska with its principal office and place of business at Grand Island, -Nebraska, <br />as mortgagee: <br />WITNESSETH: That said mortgagor�_ for and in consideration of the sum of <br />TWENTY-ONE THOUSAND SIX HUNDRED AND NO/100 — — — — — — — — — — — — — — — — — — — — — — — — :131ollars (S 21 1600-00 <br />the receipt of which is hereby acknowledged, do— by these presents mortgage and warrant unto said morigagqe. its successors and <br />Hall <br />assigns, forever, all the following described real estate, situated in the county of <br />and State of Nebraska, to -wit: <br />THE SOUTHERLY SIXTY.:(60) FEET OF LOT FIVE (5) IN <br />IN.CHARLES WASIAER'S'ADDITION TO THE CITY'OF GRA14D <br />BLOCK THIRTY (30), <br />ISLAND, NEBRASKA. <br />Together with all heating, lighting, and plumbing equipment and fixtures. including stokers and burners, screens, awnings, stormwindows <br />and doors, and window shades or blinds, used on or in connection with said property, whether the same are now located on said property <br />or hereafter placed thereon. <br />TO HAVE AND TO HOLD THE SAME, together with all and singular the tenements, hereditaments and appurtenances thoreunto belong- <br />ing, or in anywise appertaining, forever, and warrant the title to the same. Said rnortgagor_.�_ hereby covenant with said mortgagee <br />that <br />hey a re at the delivery hereof, the lawful owner --a of the premises above conveyed and described, and 9 r t�_ <br />seized of a good and indefeasible estate of inheritance therein, free ' and clear of all encumbrances, and that _±ho—�L_ will warrant and <br />defend the title thereto forever against the claims and demands of all persons whomsoever. <br />PROVIDED ALWAYS, and this instrument is executed and delivered to secure the payment of the sum of <br />TWENTY-ONE THOUSAND SIX HUNDRED AND NOIIOO ------------------------ 21,600.00----: <br />Dollars (S <br />with interest thereon, together with such charges and advances as may be due and payablo to said mortgagee under the terms and <br />conditions of the promissory note of even date herewith and secured hereby, executed by said mortgagor_�i_ to said mortgagee, payable <br />as expressed in said note, and to secure the performance of all the terms and conditions contained therein. The terms of sald..noto are <br />he,eby incorporated herein by this reference. <br />It is the intention and agreement of the parties hereto that this mortgage shall also secure any future advances made to said <br />mortgagor_�__ by said mortgagee, and any and all indebtedness ' in addition to the amount above stated which said mortgagors, or any <br />of them. may owe to said mortgagee, however evidenced, whether by note, book account or otherwise. This mortgage shall remain in lull <br />force and effect between the parties hereto and their heirs, personal representatives, successors and assigns, until all amounts secured <br />hereunder, including future advances, are paid in full with interest. <br />The mortgagor__.�_ hereby assign to said''mortgagee all rents and, income arising at any and all times from said property and <br />hereby authorize said mortgagee or its agent, at its option, upon default, to -take charge of said property and collect all rents and income <br />therefrom and apply the same to the payment of interest, principal, insurance premiums, taxes, assessments, repairs or improvements neces- <br />sary to heep said property in tenantable condition; or to other charges or payments provided for herein or In the note hereby secured. This <br />rent assignment shall continue in force until the unpaid balance of said note is fully paid. The taking of possession hereunder shall in'=7' <br />manner prevent. or retard said mortgagee in the collection of said sums by for6closure or otherwise. <br />The failure of the mortgagee to assert any of'its rights hereunder at any time shall not be construed as a waiver of its right to assert <br />the same at any later time, and to insist upon and enforce strict compliance with all the terms and provisions of said note and of this <br />mortgage. <br />S <br />If said mo*rtgdgor—. shall cause to be paid to said mortgagee the entire amount due it hereunder, and under the terms and provisions <br />of said note hereby secureil ' 'including future advance�, and any extensions or renewals thereof In accordance with the terms, and provisions <br />thereof, and if 'said mortgagor___�_, shall comply with all the provisions of said note. and of this mortgage, then these presents shall be void: <br />otherwise to remain in full force 'and effect, and said mortgagee shall be entitled to �the possession of all of said property, and may, -at its <br />option, declare the whole of said note and all indebtedness represented thereby to be immediately due and payable, and may foreclose this <br />mortgage or take any other legal action to protect Its right, and from the date of such default all Items of indebtedness secured hereby <br />shall draw interest at 9% per annum. Appraisement waived. <br />This me ' rtgag6 shall be binding upon an d shall enure to the benefit of the heirs, executors, administrators, successors and assigns of <br />the respective parties hereto. <br />IN WITNESS WHEREOF, said Mortgagor S___he1V2 hereunto. set' thei r band S the day and year first above <br />written. <br />I t am bar une <br />/A. tiarTunek <br />,2 <br />