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<br />83-- r)GU~~l~t
<br />MORTGAGE.
<br />THIS MORTGAGE, made this 14thday of January, 1983 , by
<br />and between DOONAN TRUCK s EQUIPMENT, INC.,
<br />a Kansas corporation (hereinafter called "Mortgagor"), whose mailing address
<br />is Highwaq 56 and 156 Great Bend, Kansas 67530 ,
<br />and ASSOCIATES COMMERCIAL CORPORATION a corporation organized
<br />and existing under and by virtue of the laws of the State of Delaware,
<br />(hereinafter called "Mortgagee") whose mailing address is 10870 Benson Drive,
<br />Gver;.ri~id Panic, KaYisas 66212
<br />W I T N E S S E T H`
<br />Mortgagor, in consideration of the sum of ONE MILLION DOLLARS
<br />(51,000,000.00) --------------------------------°-y----loaned by
<br />Mortgagee to Mortgagor, the receipt of which is hereby acknowledged,_ and to
<br />secure the repayment of said principal sum and interest and delinquency charges
<br />thereon according to the terms of that certain Promissorq Note of the same date in
<br />said principal amount made by Mortgagor, payable to the order of Mortgagee is in-
<br />stallments as therein provided, with the balance of said principal and interest
<br />maturing oa the _~8 day of,7~nuary,1988 and to secure the faithful performance
<br />of the covenants and agreements herein contained and contained in any other
<br />securing agreement now or hereafter given in connection with said loan, has
<br />granted, bargained, sold and conveyed, and by these presents does grant,
<br />bargain, sell and convey unto Mortgagee, its successors and assigns forever,
<br />the real property situated in the County of Ball State of Nebraska, more
<br />particularly described on Exhibit "A'" attached hereto and incorporated herein
<br />by this reference.
<br />TOGETHER with ail right, title and interest of Mortgagor, including
<br />any after acquired title or reversion in and to the beds of the ways, roads,
<br />streets, avenues and alleys adjoining said premises; and
<br />TOGETHER with all and singular the tenements, hereditaments,
<br />easements and appurtenances, passages and other rights, liberties and
<br />privileges thereof or in any way now or hereafter appertaining, including
<br />homestead and any other claim at law or in equity as well as any after
<br />acquired title, franchise or license and the reversion and reversions and
<br />remainder and remainders thereof; and
<br />70GETHER with aU buildings and improvements of every kind and
<br />description now or hereafter erected or placed thereon, and all materials
<br />intended for construcYson, reconstruction, alteration and repairs of such
<br />improvements now ar hereafter erected thereon, all of which materials shat! be
<br />deemed [o be included within the mortgaged premises immediately upon
<br />delivery thereof to said mortgaged premises, and ail fixtures and artiUes of
<br />persona! property now or hereafter awned by Mortgagor and attached to or
<br />rnn#ainnci in and =cg~1 in connection with saki nramicaa. inrfi~clinn- h"iT nest
<br />Limited to, off apparatus, mach'snery, motors, elevators, fittings, radiators,
<br />gas ranges, ice boxes, mechanics( re€rigerators, awnings, shades, screens.,
<br />office. equipment and other furnishings, and al( plumbing, heating, LLghting,
<br />cooking, Laundry; ventilating; refrigerating, incinerating, air conditioning
<br />and sprinkCsr equipment and fixtures and appurtenances thereto, and at!
<br />renewals or replacements thereof or articles in substitution therefor, whether
<br />or not the same are or she(( be attached to said building or buildings in any
<br />manner; it being mutually agreed that all of the aforesaid property owned by
<br />said. Mortgagor and p{aced by it on said premises shall, so far as permitted
<br />by law, {se deemed to be fixtures and a part of the realty security for the
<br />said inde#terdness and covered by this Marigage, and as to the balance of
<br />said property, this Mortgage is hereby deemed to be as well a Security
<br />Agreement for the purpose of creating a security interest in said property
<br />under the Uniform Commercial Code of the State of yebraska securing said
<br />en.~r t #w+.`. the ~..a.....F'• sw- r.n..
<br />•. vS~'w`.~5+: *'~gn a u~yn rsrr.r ~f 1 rc nfvrt`ya~ise,
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