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INST 2O24 0b538 <br />REAL PROPERTY MORTGAGE <br />FORGIVABLE LOAN FUND PAYMENT <br />REHABILITATION ASSISTANCE <br />CASH <br />CHECK /O ,/A <br />REFUNDS: <br />CASH <br />CHECK <br />RECORDED <br />HALL COUNTY NE <br />2024DEC 23 A 48 <br />KRIS S r W O LD <br />REGISTER OF DEEDS <br />Francis A. Smollen, a single person, herein called the Mortgagors, one or more in <br />consideration of Nineteen thousand six hundred eighty seven dollars and 50/100 <br />(19,687.50) of Nebraska Affordable Housing Trust Re -Use Funds received from the <br />Housing Development Corporation (HDC), herein called the Mortgagee, does mortgage <br />to the Mortgagee the following described premises, 404 Hall Street, Grand Island, NE <br />situated in Hall County and the State of Nebraska to wit: <br />LEGAL DESCRIPTION <br />Lot one hundred five (105) Buenavista Subdivision, City of Grand Island, Hall County <br />Nebraska <br />And the Mortgagee does hereby covenant with the Mortgagor and with Mortgagor's heirs <br />and assigns that Mortgagor has good right and lawful authority to convey the same, and <br />that Mortgagor warrants and will defend the title to said premises against the lawful <br />claims of all persons whomsoever. <br />This mortgage is given to secure the repayment schedule of the Promissory Note and <br />Disclosure Statement, dated /2-/6 - A-44 for the deferred loan money to be <br />received by Mortgagor. <br />In the event of a default in the performance of any of the terms and conditions of this <br />mortgage or the Promissory Note and Disclosure Statement secured by it, the Mortgagee <br />shall be entitled to lawful possession of the property during such time as mortgage <br />indebtedness remains unpaid. <br />Dated the /day of A@r" , 2024. <br />Borrower's Signature <br />Francis A. Smollen <br />STATE of NEBRASKA ) <br />) SS: <br />COUNTY OF Adams ) <br />Before me, a notary Public qualified for said county personally came <br />Francis A. Smollen, single person, known to me to be the identical person(s) who signed <br />the foregoing instrument and acknowledged the execution thereof to be a voluntary act <br />and deed. <br />WITNESS MY HAND and notarial seal this /, Day of ihe('P.IY1her , 2024 <br />el <br />GENERAL NOTARY - State of Nebraska <br />CHRISTY MARINO <br />My Comm. Exp. December 30, 2026 <br />e 2/1dnl;zo- <br />otary ublic <br />Notwithstanding anything to the contrary contained herein, if the Borrower's first <br />mortgage is an FHA -insured mortgage, the Borrower is not liable for Lender's costs and <br />expenses, including attorney fees, if the event of default results solely from Borrower's <br />violation of the owner -occupancy restriction. Any legal restriction on conveyance, as <br />defined in 24 C.F.R. § 203.41, such as the owner -occupancy restriction, terminates upon <br />foreclosure, deed in lieu of foreclosure, or assignment of the first mortgage to the U.S. <br />Department of Housing and Urban Development. <br />