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010951
<br />MORTGAGE AND DEED
<br />Mortgage and Deed of Trust, dated November 13, 1975,
<br />prtgagor"),. having its principal.. place of business at 13
<br />.Fkst National Bank & Trust Co . mpany of Lincoln, a nati(
<br />of fices at 13th & "M" Streets_ Lincoln, Nebraska, as A
<br />Mortgagee") finder an Inter -Bank Agreement dated Novery
<br />T �ust Cornpany of Lincoln, First National City Bank, Na
<br />A :ssociation, First National Bank of Grand Island, Home S
<br />National Bank, Citibank and Trust Company of Lincoln, ani
<br />to herein collectively as the "Banks" and individually as z
<br />which are defined in the Loan Agreement referred to belo
<br />the Loan Agreement unless the context in which used in
<br />TO SECURE THE PAYMENT when and a's due
<br />OF -TRUST
<br />from Miller & Paine, a Nebraska corporati.on
<br />I & .11 0" Streets, Lincoln, Nebraska to the
<br />ial banking association, having its :principal
<br />ent' (the Agent referred to herein as the
<br />13, 1975 among First National Bank &
<br />31 Bank of Commerce Trust & Savings
<br />Bank & Trust Company, The Overland
<br />Gateway Bank & Trust Company (referred
<br />Bank"). All capitalized terms used herein
<br />shall have the same meaning herein as in
<br />icates- otherwise.
<br />payable of
<br />A. the principal of and interest on Mortgagor's 'Revolving Credit Note and Term Loan Note,
<br />in the forms of Exhibits 1 and, 2, respectively, annexed hereto, issued or to be issued in the original
<br />aggregate principal amounts of Two Million Five Hundred Fifty Thousand and no/100 Dollars
<br />($2,550,000.00) and One. Million Four Hundred Thousand and no/100 Dollars ($1 1400,000.00)
<br />ely (tile "Notes", sucli term to include all notes issued in substitution or exchange t4erefor)
<br />respectiv
<br />and any modification, extension or renewal of -the No , tes or; any part thereof, pursuant to a Loan
<br />Agreement dated November 1975 (The "Loan Agreem6 a rit") between Mortgagor and the Banks,
<br />and any additional amounts. payable to any Bank or any holder of any Note under the Loan
<br />Aareement- and
<br />B. all other indebtedness which this Mortgage'
<br />all of the terms hereof and of the Notes and the Lo
<br />bargain, sell, mortgage, warrant, pledge, assigrf, transfe
<br />and assigns tile following properties (the "Mortgaged Prol
<br />liens and mortgages listed below insofar as the same r
<br />time to time, and the exceptions permitted by Secti
<br />its terms secures and the performance of
<br />Agreement, Mortgagor does hereby grant,
<br />and convey unto Mortgag&e, its successors
<br />!rties"), subject, however, to the exceptions,
<br />iy be in effect at the time hereof and from
<br />1 7.2 of the Loan Agreement (all of the
<br />same referred to herein as the "Permitted Exceptions ,
<br />(1 ) tile lands at 13th & "0" Streets, Lincoln, Nebraska, described as follows:
<br />Parcel 1: Lots 4, 5, 6 and 7 and the North 67. feet of Lots 17 and 18,
<br />all in Block 57 of the original plat of Linco I In, Nebraska, together with and
<br />subject to easements and party wall agreements of record, if any; the South 15
<br />fact of the North One-half of the North 67 feet of.said Lots 17 and.18, subject
<br />to a lease to Russell Stover Candies, Inc. on a year-to-year tenancy next expiring
<br />May 31, 1976; and the North 15 feet, 4-1/2, inches of the North 67 feet of
<br />said Lots 17 and 18�. except the West Two ve (12) feet thereof, subject to
<br />a lease to Danielson . Floral Company, expirilng September 30, 1976.
<br />Parcel 2: All rights vested in Miller & Paine6'to construct and maintain
<br />overhead passageway not more than Four (4) stories in height over the alley
<br />between Lots 1, 2, 3 and 4 and tile North fdet. of Lots 17 and 18 and
<br />to construct and ma'ihtain a conduit or tunnel undele, said alley for water pipes,
<br />gas pipes, pneumatic tubes, electric wires, cash and merchandise carriers and
<br />other appliances, which rights were grantedi by'the City of Lincoln under
<br />Ordinance No. 97 adopted October 28, 190,1, recorded in Ordinance Book
<br />No. 19 at page 177, and under Ordinance No. 3651 adopted May 8, 1939,
<br />recorded in Ordinance Book No. 84 at pages 441 and 442.
<br />7
<br />Fkijd for record'11�11_1 2 at /0 1 Book
<br />21, E_,
<br />5"Phor, Roohflu-or of Doodri,
<br />�all County, Nobratika
<br />E
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