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88102686
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3/9/2007 5:41:20 PM
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3/9/2007 4:35:11 AM
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DEEDS
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88102686
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<br />Page Two <br />FIRST REAL ESTATE MORTGAGE <br />RE: DAVID R. BROw"N AND JOAN M. BROWN <br /> <br />88- . 102686 <br /> <br />The Note provides if interest is not paid when due, or if any <br />other indebtedness of the Makers to the Mortgagee is not paid when <br />due, or if a garnishment summons or a writ of attachment is issued <br />against or served upon the Mortgagee for the attachment of any <br />property of the Makers in the possession of the Mortgagee or any <br />indebtedness owing to the Mortgagee, or if the holder of the Note <br />shall at any time in good faith believe the prospect of due and <br />punctual payment of the Note is impaired, then, in any such event, <br />the holder of the Note may, at its option, declare the Note to be <br />immediately due and payable and thereupon the Note shall be <br />immediately due and payable, together with all unpaid interest <br />accrued on the Note, without notice or demand. The Note further <br />provides if the Note is not paid when due (whether at maturity or <br />upon acceleration), the Mortgagee shall also have the right to set <br />off the indebtedness evidenced by the Note against any indebtedness <br />of the Mortgagee to the Makers. The Note further provides the Note <br />shall become automatically due and payable (including unpaid interest) <br />accrued on the Note without demand should a petition be filed by or <br />against the Makers under the United States Bankruptcy Code. <br /> <br />The Note provides that unless prohibited by law, the Makers agree <br />to pay all costs of collection, including reasonable attorneys' fees <br />and expenses, incurred by the holder of the Note in the event the Note <br />is not duly paid and that the holder of the Note may at any time renew <br />the note or extend its maturity date for any period and release any <br />security for, or any party to, the Note, all without notice to or <br />consent of and without releasing any accommodation maker, endorser or <br />guarantor from liability on the Note. The Note provides presentment <br />or other demand for payment, notice of dishonor and protest are waived <br />by the Makers and each endorser and grantor. Mortgagors agree to pay <br />all real estate taxes and assessments levied upon the real estate and <br />all other taxes and assessments levied upon this Mortgage and the Note <br />which this Mortgage is given to secure, all payments to be made before <br />they become delinquent. If Mortgagors fail to pay the real estate <br />taxes and assessments before delinquent, Mortgagee may pay the taxes <br />and assessments or other liens and is given a lien secured with this <br />Mortgage for the amount advanced, with interest at the interest rate <br />provided in the Note. <br /> <br />If Mortgagors default in payment of the indebtedness or any <br />installment of principal or interest, or fail to perform any of <br />the other agreements on his part in this Mortgage, Mortgagee, at <br />Mortgagees election, may declare the entire debt secured by this <br />Mortgage due and payable at once and foreclose this Mortgage for <br />the satisfaction of the total amount due. <br /> <br />Dated: <br /> <br />May 23 <br /> <br />,19~. <br /> <br />@"J;11i:a;;~ ) <br />9 C"a/yJ) 7n I ~3'2Ir1~ m , <br />Joan M. Brown <br /> <br />STATE OF NEBRASKA, COUNTY OF HALL <br /> <br />The foregoing instrument <br />of May , 19~by David <br /> <br />~c>~ <br />I (Notary Public) <br /> <br />was acknowledged before me this 23rd day <br />R. Brown and Joan M. Brown, Mortgagors. <br /> <br />My Commission Expires <br /> <br />A;J.. / 5( //);,). <br />./ <br /> <br /> <br />- 2 - <br />
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