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<br />200702328
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<br />bc discontinued at any time for any reason other than strikes or lock~uts, the Mortpaee, after due notice to the
<br />or any subsequent owner, Is hereby invested with full and complete authority to enter upon th,e ..I , employ
<br />watchmen to protect such improvements from depredation or Injury and to preserve and' pro e personal property
<br />therein, and to continue any and all outstanding contracts for the erection and comple said buildinlor buildincs, to
<br />make and enter into any contracts and obUptions wherever necessary, eit Is own name or In the name of the
<br />Mortgagor, and to pay and discharge all debts, obligations, and Uabiliti rred thereby. AlIluch lumllO advanced by the
<br />Mortgagee (exclusiye of advances of the principal of the indeb lICcured heret)f) lhall be added to the principal of the
<br />indebtedness secured hereby and shall be secured by t rtpge and lhall be due and payable on demand with Interest at
<br />the rate speciried In the Nole, but no luch adv 1 II be Insurocl unless same are specifically approved by the Secretary of
<br />1I0using and Urban Devetopment, acU and throuslt the Federal Housing Contmluloner prior to the making thereof. The
<br />principat sum and other char ded for herein shall, at the option of the mortppe or holder of thll Mortpge and lhe
<br />Note secured hereby Ie due and payable on tlte failure of the Mortpgor to keep and perform any of the covenants,
<br />conditions. an ements of said building loan aarecment. This covenant shall be terminated upon the completion of the
<br />improy s to the satisfaction of the Morlplee and the mlj.kina 9f the final advance al provided in said buildlnlloan
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<br />19. That the Mortpaor coyenants and agrees that so lon8 as this Morlpso and the said Note secured hereby are
<br />insured under the provisions of the National Housln8 Aft, or held by the Secretary of Houslnland Urban Development, it
<br />will not execute or riIc for record allY Instrument whicr. impolCs a restriction upon the ..Ie or occupancy of the mortgaged
<br />property on the basis of race. col~, qec:d ~r natio..." orlsin;
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<br />20. That liS additional and collateral security for the payment of the Note described and all sums to become due
<br />under this Morlgage, the Mortplor hereby assial'll to the Mortgagee all proms, revenues, royalties. rights. and benefits
<br />accruing to the Mortpgor under any and all oil and ps lqlO. on said premise.., with lhe right to receive and receipt for the
<br />5lImc and apply them to said Indebtcdnol$ as well before all after default In tho conditions of this Mortpse, and the
<br />Mortgagee may demand, sue for, and recover any such payments when due and payable, but shall not be required 10 to do.
<br />This assianment is to terminate and become null and void upon release of this Mortaaae;
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<br />21. That if the MortgalOr falls to make any pay,nenll of money when the same become due, or fails to conform to
<br />and comply with any of the conditions or alrccmenl.contalned in this Mortpae, or the Note which it secures. then the
<br />entire principal sum and accrued inlerest shall at o.ncc\Jecome due and payable, at the election of the Mortpacc; and this
<br />Mortaagc may thereupon be foreclosed ImmediatelY for the whole of said money, Intere.t, monthly paymenll, costs, ground
<br />rents, taxes, and the cost of extendina the abstract of title from the date of this loan to the time of commenclna .uch
<br />foreclosure suit, all advances and interest, and a reasonable attorney's fcc, all of which shall be included In the decree of
<br />foreclosure; and the contract embodied in this Mortl8SC and the Note secured hereby, shall in all respects be aovcrnccl,
<br />construed, and adjudged by the laws of Nebraska, where the same Is made.
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<br />The coyenants herein contained shall bind, and the benefits and advantages .hall Inure to, the respective .ucce.ssors and
<br />IISSlgnS of the parties hereto. Whenever uaod, lhe linlular number ahall include the plural and the plural the sln,ular.
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<br />The foreloinl conditions, all and slnlular, belns performed accordln. to their natur.land lepllmport, thl. conveyance
<br />shall he void and said premlscs relcasod at the expllfl18 of the Mortaaaor; otherwise to be and remain in full force and eUcct.
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<br />IN WITNESS W~EREOF, the said Mortgagor has caused these presents to be signed in its nwne by its General Partner the
<br />day and year first above wntten.
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<br />HOLIDA Y GARDEN TOWNHOUSES II,
<br />A LIMITED PARTNERSHIP,
<br />a Nebraska li~ed partnership
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<br />AV4_llv. ~~
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<br />William W. Marshall, 1II
<br />General Partner
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<br />In the presence of:
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<br />fA /
<br />~~.Ye .:::;;f;;..tt2€A--
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<br />By:
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<br />STATE OF NEBRASKA
<br />COUNTYOF ~~.~
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<br />ss:
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<br />'n I, a Notary Public of the County and State afores~id, certify that William W. Marshall, 1II personally came before me this
<br />~ ~~y of March, 2~O?, and ackno.wledged that he IS the General Partner of Holiday Garden Townhouses II, A Limited
<br />Partnership, a,Nebraska Itmlted .partne~shlp, and on behalf of said limited partnership did aCknowledge the foregoing instrument to be
<br />the voluntary act and d~ed of swd Hohday Garden Townhouses II, A Limited Partnership. Witness my hand and notarial seal the day
<br />and year first above wntten.
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<br />[SEAL]
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<br />J
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<br />GENERAl NOTARY. State of Nebraska
<br />MARGE OCKINGA
<br />My Comm. Exp. Oct. 10,2010
<br />
<br />7n~- ~
<br />Notary Pub!'
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<br />My Commission Expires:
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