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010990
<br />REAL ESTATE MORTGAGE
<br />MORTGAGOR(S):-
<br />F7.77 , -Z,,, FIRt;T 114IT14L
<br />MORTGAGEE':
<br />AVCO FINANCIAL SERVICES Of'
<br />Nebraska Inc.
<br />121a W. 2nd Grand Islaiid Ne
<br />NE-BRASKA
<br />AGRET-D RATE OF CHARGE ON PROMISSORY NOTE ]EXECUTED CONCURRENTLY IIERF,WIT11: Tile agreed rate of charge is 21i'4'oper nionth on that
<br />par t of ! t lie ullp . d balance not exceeding $300; 25', per in�ntli oil any part thereof exceeding $300 but not exceeding S500; 11/1�1� per month on any part thereof
<br />3"
<br />exceeding $500 but not exceeding S100b;and 1% per niontli-oriany part therecifexceeding S 1000 but not exceeding $3000.
<br />WITNESSET11, thal Mortgagor(s), (toes mortgage, grant, bargain, sell, and convey, unto Mortga��e, its successors or assigns the following described Real Estate
<br />in the count%, of HALL State ofNebraska, to wit:
<br />VI=ERS ADDITION LOT §8 BLOCK #30
<br />together with all buildini 'ter. e I all screens, awnings, shades, storni sash and blinds, and licating, lighting,
<br />,!s and improvements now or hereal Tee ed thereon and .
<br />plumbing. gas, electric, ventilating, refrigerating and air-conditioning equipment used in Connection dICTCWith, all OfWIliCll. for the purposcofthis-inortgage,
<br />sliall be dectned fixtures and subject to the lien hereof, and tile hereditaments and appurtenances pertaining to the property above described, and all streets,
<br />lalles, alleys. passages, ways, waters, water courses, rights, liberties and privileges, whatsoever thcreunto belonging, or in anywise appertaining and tile reversions
<br />and remainders, all of which is referred to hereinafter as the "premises".
<br />TO HAVE AND TO HOLD the above-described premises, with the appurtenances and fixtures. unto tile said Mortgagee. its successors and assigns, forever, for
<br />fit!! purposes and uses herein set forth, free front all rights and benefits under and by virtue of' any Homestead EAcniption Laws of the State of Nebraska
<br />Which may be enacted, which said rights and henefits the said Mortgagor does hereby expressly release and waive.
<br />Mortgagor also assigns to Mortgagee all rents, issues and profits of' said premises. reserving the rigH to collect and use the �ame,\vith orwithout taking
<br />possession of the premises, during continuance of default hereunder, in(] during continuance f such default authorizing Mortgagee to enter upon said premises
<br />and/or to collect and enforce the same without recard to ade(ItlaCy Of ally Security for the indebtedness hereby - ired by an)- lawful means including
<br />appointment of it receiver in the mune of any party- hereto, and to appl3' the same less costs and expenses of operaticocill ;uld collection, in6luding reasonable
<br />attorney's fees, upon any indebtedness secured hereby, ill such order as Mortgagee may determine.
<br />FOR TIIF, PURPOSE 01: SECURING: (1) Performance -of cach agreement of' Mortgagor contained herein: (2) Payment of the principal sulil with inter - est,
<br />its provided in accordance with the terms :Old provisions of a Proniis�ory Note / Loan Agreement (hercinarwr referml to as "promissory note")
<br />(filled ' . 11-3-75 herewith exe . cuted hy Mortgagor and payahle to tile order of Mortgagee,
<br />in the principal suni of S 3000 .00 , ;slid iiaving tile (late of its final payment due oil 0
<br />or as extended, deferred or rescheduled by renewal or refinance: (3) Payment of' any additional advances, with interest theroon, its inav liereafter�be
<br />loaned by Mortgage to Mortgagor in a maximum som or S3.000.00 within 10 years from the date of this Morl�agc: (4) Tile paynicnt of any
<br />money Viat may be advanced by tile Mortga-ce to Mortgagor for any reason or to third parties, with interest thereon, where the amounts are a�lvanced to
<br />protect the security or in accordance with the covenants of this Mortp-_,e: (5) Ali% renewal, refinancint
<br />.1 g or extension of said promissory note, or any other
<br />agreement to pay which may be substituted therefor.
<br />All payments made by Mortgagor on the obligation secured by this Mortgaue shall be applied in the following order:
<br />char FIRST: To the payment of taxes and assessments that may be levied and assessed 3VaillSt Said preiiiises,itistirancel)reiiiiLiiiis,rel).iir.s,.iii(I allotiier
<br />ges and expenses qgreed to be paid by tile Mortgagor.
<br />SECOND: To the payment of interest title oil said loan.
<br />TiiIRD: To the payment of principal.
<br />TO PROTVCT THE SECURITY IIEREOF, MORTGAGOR(S) COVENANTS AND AGREES: (1) to keel) said premi.sesinsured against lossby Fire and
<br />other hazards, casualty and contingencies tip to the full value of all improvements for the protection of Mortgagee in stich manner, in such amounts, and
<br />in stich companies as Mortga.ce may front little to time approve, and that loss, proceeds *(less expense of collection) shall, -.if Mortgagee's option, obe
<br />applicd Oil said indebtedness, whether due or not or to the restoration of said improverrien(s. In event of' loss Mortgagor will give ininiediate notiee,by
<br />Illail to tile Mortgagee, who ulay make proof of loss if not made promptly by Mortgagor, and each insurance company concerned is hereby authorized and
<br />directed to make payment for such loss directly to the Mortgace instead or. to the Nlorlga�or. (2) To pay all tax" and special assessments orally kind
<br />that have been or may be levied or assessed upon said premises, and to deliver to Mortgagee, upon request of the Mortgagee, the official receipt showing
<br />payment of all such taxes and assessnients. (3) In the event of default be Mortgagor under Paragraphs I or 2 above, Mortgagee, at its Option illiy . �a)
<br />place and keel) such insurance zibove provided for in force throughout the lire of this Mortgage and pay the reasonable premiums and charges there foli'; (b)
<br />pay all said taxes and assessments without determining. the validity thereof: and (c) Pay such liens :in(] all such disbursements shall be decined a part.of
<br />the indebtedness secured by this Mortgage and sliall be fiiiniedia�tel% due and payable b\ tortgavor to Mortgagee. (4) To keep tile buildings and other
<br />improvements now existing or hereafter erected in good condition and repair. not to commit or st�ffer any waste or any use ofsaid premises contrary,to
<br />restrictions of record or contrary to law, and to permit Mortgag-ce to enter at all reasonable tinies for tile purpose of inspecting tile prcmiscs� ii(;t to
<br />remove or demolish any building thereon; to restore promptly and in a good and workmanlike manner any buildings which may be damaged or destroyed
<br />thercon, and to pay, when. due, all claims for labor performcd and materials! furnished therefor: (5) That lie will pay, promptly the indebtedness secured
<br />hereby, and perform all other obligations in full compliance will) the ternis of said llronfls�ory Note and this Mortgace; (6) That the tinle of payment of
<br />the indebtedness hereby secured, or of any portion thereof, may be extentICLI or renewed, and any portions of the premises herein described may, without
<br />notice, be released froin the lien liereof, without releasing or affecting the personal liability of any person or the priority ofthisMortgage;(7)TIiat lie
<br />does hereby forever 'warrant and will forever defend the title and possession thereof against the lawful claims of any and all persons whatsoever.
<br />IT IS MUTUALLY AGREED THAT: (1) If the said Mortgagor shall fail or neglect to pay installments oil said Proinissory Note as the salne inav herea fter
<br />become due, or upon default in performance of any agreement hereundcr, or upon sale or other disposition of tile promises by Mortgagor, or should any
<br />action or proceeding be filed in any court to enforce any lien oil, claim against or interest in the premises, then all surns owing by the Mortgagor to the
<br />,Nlort�agcc under this Mortgage or under the Promissory. Note secured hereby sliall immediately beconic (Inc and payable at tile option of the Mortgagee,
<br />oil the application of file Mortgagee, or assignee, or any other person who may be entitled to'tlic monies due thereon. In such event the Moriga.-we sliall
<br />have the right immediately to foreclose this mortgage 'by complaint for that purpose, and such complaint may be prosecuted to judgment and execution
<br />and sale for the collection of the whole amount of the indebtedness and interest thereciti, including reasonable attorney's fees, any aniounts advanced
<br />purstiant to this mortgage, costs of suit, and costs of sale, if permitted by laxv.
<br />(2) In the event said premises are sold at a foreclosure sale, Mortgagor(s) shall be liable for :in), deficiency remaining after sale oftlic premises ifperinitted b%
<br />law, and application of the proceeds of said sale to the indebtedness Secured Old to the c xpellses or fore clomirC. including Mortgagee's reasonable attorney;s
<br />fees and legal expenses if allowed by law.
<br />(3) Mortgagee shall be subrogated to the lie,, or ally and all prior encumbrances, liens 'or charge% paid and discharged front the proceeds of tile loan
<br />licreby secured, and even though said prior liens have been released of record, tile repayment of said indebtedness sliall be secured by stich liens on tile
<br />portions of said premises affected thereby to the extent of such payments, respectively.
<br />(4) Whenever, by. the ternis of this 'instrument o; of -said Promissory Note, Nlort�agee is gi�cn any option, such option may be exercised whell tile right
<br />accrues or it( any tinic thereafter, and no acceptance by Mortgagee of payment of indebtedness in default shall constitute it %vaiver ofany default then
<br />existing and continuing or thereafter accruing.
<br />2G-0475 (rMV. . 4-73) NO
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