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<br />88- 1036~O <br /> <br />MORTGAGE <br /> <br />MORTGAGE LOAN NO. L 25084 <br /> <br />KNOW ALL MEN BY THESE PRESENTS: That Kay E. Tracy and Robert W. Wagoner, each in his and her <br />own right, and as spouse of each other, <br /> <br />Mortgagor, whether one or more, in consideration of the sum of <br />Twenty Three Thousand Six Hundred and no/IOO --------------------------------------OOLLARS <br /> <br />loaned to said mortgagor by The Equitable Building and Loan ASSOCIation of Grand Island, Nebraska, Mortgagee, upon 236 shares of stock of <br /> <br />said ASSOCIATION, Certificate No. L 25084 , do hereby grant, convey and mortgage unto the said ASSOCIATION the following <br />described real estate, situated in Hall County, Nebraska: <br /> <br />Lot Six (6), Block One (1), Elm Place, Grand Island, Hall County, Nebraska, <br /> <br />together with all the tenements, hereditaments and appurtenances thereunto belonging, including attached floor coverings, all window scrccm, <br />window shades, blinds, storm windows, awnings, heating, air conditioning, and plumbing and water equipment and accessories thereto, pumps, stoves, <br />refrigerators, and other fIXtures and equipment now or hereafter attached to or used in connection with said real estate. <br /> <br />And whereas the said mortgagor has agreed and does hereby agree that the mortgagor shall and will pay all taxes and assessments levied or <br />assessed upon said premises and upon this mortgage and the bond secured thereby before the same shall become delinquent; to furnish approved <br />insurance upon the buildings on said premises situated in the sum ofS 23,600.00 payable to said ASSOCIATION and to deliver to said <br />ASSOCIATION the policies for said insurance; and not to commit or permit any waste on or about said premises; <br /> <br />In case of default in the performance of any of the terms and conditions of this mortgage or the bond secured hereby, the mortgagee sha1I, <br />on demand, be entitled to immediate posseEsion of the mortgaged premises and the mortgagor hereby assigns, transfers and sets over to the <br />mortgagee all the rents, revenues and income to be derived from the mortgaged premises during such time as the mortgage indebtedness sha1I remain <br />unpaid; and the mortgagee shall have the power to appoint any agent or agents it may desire for the purpose of repairing said premises and rentiDg <br />the same and collecting the rents, revenues and income, and it may payout of said income all expenses of repairing said premises and necessuy <br />commissions and expenses incurred in renting and managing the same and of collecting rentals therefrom; the balance remaining, if any. to be <br />applied toward the discharge of said mortgage indebtedness; these rights of the mortgagee may be exercised at any time during the existence of such <br />default, irrespective of any temporary waiver of the same. <br /> <br />TheEl: Presents, however, are upon the Condition, That if the said Mortgagor shall repay said loan on or before the maturity of said shares by <br />payment; pay monthly to said ASSOCIATION of the sum specified in the Bond secured hereby as interest and principal on said loan, on or before <br />the Twentieth day of each and every month, until said loan is fully paid; pay all taxes and assessments levied against said premises and on this Mortglge <br /> <br />and the Bond secured thereby, before delinquency; furnish approved insurance upon the buildings thereon in the sum of S 23,600 .00 payable <br />to said ASSOCIATION: repay to said ASSOCIATION upon demand all money by it paid for such taxes, assessments and insurance with interest at <br />the maximum legal rate thereon from date of payment all of which Mortgagor hereby agrees to pay; permit no waste on said premises; keep and comply <br /> <br />with all the agreements and conditions of the Bond for $ 23,600.00 this day given by the said Mortgagor to said ASSOCIATION, and comply <br />with all the requirements of the Constitution and By-Laws of said ASSOCIATION; then these presents shall become null and void, otherwise they <br />shall remain in full force and may be foreclosed at the option of the said ASSOCIATION after failure for three months to make any of said <br />payments or be three months in arrears in making said monthly payments, or to keep and comply with the agreements and conditions of said Bond; <br />and Mortgagor agrees to have a receiver appointed forthwith in such foreclosure proceedings. <br /> <br />If there is any change in ownership of the real estate mortgaged herein, by sale or otherwise, then the entire remaining indebtedness hereby <br />secured shall, at the option of The Equitable Building and Loan Association of Grand Island, Nebraska, become immediately due and payable without <br />further notice, and the amount remaining due under said bond, and any other bond for any additional advances made thereunder,sha1I, from the <br />date of exercise of said option, bear interest at the maximum legal rate, and this mortgage may then be foreclosed to satisfy the amount due on said <br />bond;and any other bond for additional advances, together with all sums paid by said The Equitable Building and Loan Association of Grand Island, <br />Nebratka for insurance, taxes and assessments, and abstracting extension charges, with interest thereon, from date of payment at the maximum <br />legal rilte. <br /> <br />As provided in the Bond secured hereby, while this mortgage remains in effect the mortgagee may hereafter advance additional sums to the <br />makers of ~id Bond, their assigns or successors in interest, which sums shall be within the security of this mortgage the same as the funds originally <br />secured thereby, the total amount of principal debt not to exceed at any time the original amount of this mortgage, <br /> <br />Da edthis 1 st day of July A. D., 19 88 <br /> <br />K <br /> <br /> <br />On this <br /> <br />1st <br /> <br />day of <br /> <br />July <br /> <br />19 88 ,before me, <br /> <br />Robert W. Wago <br /> <br />STATE OF NEBRAS <br />COUNTY OF HALL <br /> <br />Kay E. Tracy and Robert W. Wagoner, <br />and as spouse of each other, <br />me to be the identical person s whose name s are <br /> <br />acknowledged the said instrument to be the i r voluntary act and deed. <br />WITNESS my hand and Notarial Seal the date aforesaid. <br /> <br />My Commission expires tf-I- ff' <br /> <br />~e:"'li\i:1 <br /> <br />the undersigned, a Notary Public in and for said County, personally came <br />each in his and her own right'who <br />are personally known to <br /> <br />S.I.2M HI <br /> <br />