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200203027
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Last modified
10/14/2011 6:44:24 PM
Creation date
10/22/2005 5:09:29 PM
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DEEDS
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200203027
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ASSIGNMENT OF REAL ESTATE CONTRACT <br />200203027 <br />KNOW ALL MEN BY THESE PRESENTS: That BRIAN M. HARRENSTEIN and <br />AMANDA J. HARRENSTEIN (husband and wife) , ( "Assignors "), the undersigned, <br />in consideration of monies advanced to them or to be advanced to them at any <br />future time by City National Bank and Trust Company, Hastings, Nebraska, do <br />hereby assign, pledge, mortgage and convey to City National Bank and Trust <br />Company, Hastings, Nebraska, to have and hold the same unto the Bank or their <br />assigns, all of the Assignor's right, title and interest in and to an install- <br />ment contract for purchase of real estate between themselves as Purchasers. <br />and DOROTHY A. UEHLING a /k /a DOROTHY ALICE UEHLING and BOYD UEHLING , <br />as Sellers, under the terms of which contract they have purchased from the said <br />Sellers the following described property, to -wit: <br />The Northeast Quarter of Section 24, Township 9 North, Range 10 West of the <br />6th P.M., Hall County, Nebraska, less those portions thereof previously <br />conveyed to The State of Nebraska, as filed in Book 17, Page 439 and filed <br />as Inst. No. 82003225, a /k /a 12987 South Blaine Street, Doniphan, Nebraska <br />68832. <br />together with all buildings, improvements, fixtures, easements, rights, privi- <br />leges and appurtenances located thereon and the rents and profits therefrom, <br />all of which are hereby declared to be a part of the real estate secured by <br />the lien of this assignment and mortgage. <br />To have and to hold all of said property unto the Assignee forever <br />and for uses herein set forth to secure the performance of Assignor's prompt <br />payment of any indebtedness now owed to the Bank or incurred at any future <br />date, together with any and all other obligations which have arisen or may <br />arise between the Assignor and the Bank. <br />The Assignor further covenants and agrees: <br />1. That this assignment is given to secure performance of all <br />present and any future obligations which it has or may incur to the Bank. <br />2. That Assignor is the owner of the property and has good right <br />and lawful authority to sell and convey the same and warrant that the lien <br />created hereby is a first and prior lien on the property except as may appear <br />of record and except for the prior lien of the contract seller; and that <br />Assignor will warrant and defend title to the premises against the claims of <br />all persons whosoever; and that Mortgagor further warrants that there is no <br />default in any lien or encumbrance set forth herein and that he will perform <br />all obligations to be performed by him thereunder, including payment of any <br />and all. amounts due or to become due thereunder. <br />3. To pay immediately when due and payable all general or special <br />taxes or assessments and any other payments which may become a lien against <br />the property. Any default of said payments shall be deemed a default in pay- <br />ment of taxes, assessments or similar charges required hereunder. <br />4. That in case of failure to perform any of the covenants herein, <br />the Bank may make any required payments on Assignor's behalf and shall be <br />entitled to recover the amount of any payments, together with interest thereon <br />at the rate of 9.0 per cent per annum, such amount to become a part of any <br />other indebtedness owed the Bank and shall be collected and subject to fore- <br />closure under the terms of this mortgage. <br />
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