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<br />B8~100619 <br /> <br />REAL ESTATE MORTGAGE <br /> <br />MICHAEL <br /> <br />and <br /> <br />BRENDA NEUBERT, <br /> <br />husband <br /> <br />and <br /> <br />wife, <br /> <br />hereinafter called "Mortgagor", <br /> <br />in consideration of Ten <br /> <br />mortgage to OVERLAND NATIONAL BANK, <br /> <br />hereinafter called <br /> <br /> <br />thousand dollars <br /> <br />($10,000) received from Mortgagee, does <br /> <br />"Mortgagee", the following described property: <br /> <br />See Exhibit "A" Attached <br /> <br />Mortgagor covenants with the Mortgagee, their heirs and <br />assigns, that Mortgagor is lawfully seised of said premises, <br />that it is free from encumbrances, except those of record, <br />that Mortgagor has lawful authority to convey the same, and <br />that Mortgagor warrants and will defend the title to said <br />premises against the lawful claims of all persons. <br /> <br />This Mortgage is given to secure the payment of the <br />Promissory Note of this date made by the Mortgagor for <br />$lO,OOO payable according to the terms thereof. <br /> <br />Mortgagor shall pay all taxes and assessments levied <br />upon said real property and all other taxes levied on this <br />Mortgaqe or the Note which this Mortgage is given to secure <br />before the same become delinquent and shall maintain fire, <br />windstorm and extended coverage insurance with a mortgage <br />clause on the buildings on said premises in the sum of not <br />less than $6N.H~' If Mortgagor fails to pay su~h taxes and <br />assessments or procure such insurance, Mortgagee may pay such <br />taxes and purchase such insurance and the amount so advanced <br />with interest at Twelve percent (12%) per annum shall be <br />secured by this Mortgage. <br /> <br />In case of default for more than thirty (30) days in the <br />payment of the principal sum or any installment thereof or of <br />any interest thereon when the same shall become due or in <br />case of the non-payment of any taxes or assessments or of the <br />failure to maintain insurance as herein provided, Mortgagee <br />may, at the option of Mortgagee, give written notice by <br />Certified Mail to Mortgagor, and after an additional fifteen <br />(15) days declare the whole debt secured by this Mortgage to <br />be immediately due and payable and may foreclose this <br />Mortgage at any time during the continuance of such default <br />or breach. An additional event of default shall be if all or <br />any part of the premises or any interest therein is sold <br />either outright or by land contract or otherwise transferred <br />by Mortgagor without Mortgagee's prior written consent <br />excluding (1) the creation of a lien or encumbrance <br />subordinate to this Mortgage; (2) the creation of a purchase <br />money security interest for household appliances; (3) a <br />transfer by devise, descent or by operation of law upon the <br />death of a joint tenant; or (4) the grant of any leasehold <br />interest of three years or less not containing an option to <br />purchase. <br /> <br />~ <br />:1 <br />M <br />~] <br />~ <br />I~ <br />~ <br />~;.\l! <br />t <br />~ <br />. <br /> <br />~ <br />~ <br />~ <br /> <br />~ <br />~ <br /> <br />L <br /> <br />In the event of default in the performance of any of the <br />terms and conditions of this Mortgage or the Note secured by <br />it, all the rents, revenues and income derived therefrom <br />during such time as the Mortgage indebtedness remains unpaid <br />shall be applied by the Mortgagee to the payment of the Note <br />and all other sums secured hereby after deduction of any <br />necessary costs of collection. <br /> <br />r----- <br />i <br /> <br />,~ <br />. <br />~ <br />r. <br />~ <br />~ <br /> <br />/ <br />~.. <br />