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86- 104297 REAL PROPERTY MORTGAGE Gary L. Luther and Wilma A. Luther, husband and wife, herein called the mortgagor. one or more, in consideration of TWENTY- THREE THOUSAND SEVEN HUNDRED FORTY -ONE DOLLARS AND NINETY CENTS ($23,741.90) ` paid does mortgage to Roger L. Luther of Alda, Nebraska, mortgagee:` Lot Sixty (60), Argo Fourth Subdivision in the Village of Alda, Hall County,, Nebraska. And the mortgagor does hereby conversant with the mortgagee and with mortgagee's heirs and assigns that mortgagor is lawfully seised of said premises, that they are free from encumbrance, that mortgagor has good right and lawful authority to convey the same, and that mortgagor warrants and will defend the title to said premises' against the lawful claims of all persons whomsoever. This mortgage is given to secure the payment of the promissory note of this date made by mortgagor for $23,741.90 payable in installments. Mortgagor shall pay all taxes and assessments levied upon said real property and all other taxes levied on this mortgage or the note which this mortgage is given to secure before the same become delinquent and shall maintain fire, windstorm and extended coverage insurance with a mortgage clause on the buildings on said premises in the sum of $24,000.00. If mortgagor fails to pay such taxes and assessments or procure such insurance, mortgagee may pay such taxes and purchase such insurance and the amount so advanced with interest at nine percent per annum shall be secured by this mortgage. 3: In case of default in the payment of the principal sum or any installment thereof or of any interest thereon when the same shall become due or in case of the non- payment of any _J taxes or assessments or of the failure to maintain insurance as herein provided, mortgagee may at the option of mortgagee, without notice, at any time during the continuance of such default or breach, declare the whole debt secured by this mortgage to be immediately due and payable and may foreclose this mortgage. In the event of default in the performance of any of the terms and conditions of this mortgage or the note secured by it, the mortgagee shall be entitled to immediate possession of the property above described and all the rents, revenue and income derived therefrom during such time as the mortgage indebtedness remains unpaid shall be applied by the mortgagee to the payment of the note and all other sums secured hereby after deduction of any necessary costs of collection. Dated: July 31, 1936. I Gary L.' Luther — Wilma A. Luther STATE OF NEBRASKA) ss. COUNTY OF HALL ) '' The foregoing instrument was acknowledged before me on July 31, 1986 by Gary L. Luther and Wilma A. Luther, husband and wife. V