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<br />~'` ~ `'''` `' MORTGAGE ~3~t-U537 <br />This mortgage made and entered-into this 28th day of January <br />14 83 ; by-artd between <br />K & L Motors, Inc. <br />(het<einaffer referred-to as mortgagor}-and Commercial National Bank and Trust Company <br />mortgagee}, who maintains an office and place of business at <br />HaII County, Nebraska. <br />424 West 3rd <br />(hereinafter referred to as <br />_ street in Grand Island, <br />WITNESSETH; that for-the consideration hereinafter stated, receipt of which is hereby acknowledged, the mortgagor <br />does $ereby mortgage; sell, grant, assign, and convey unto the mortgagee, its successors and assigns, all of the fol- <br />iowing;describei! property situated and being in-the County of Hall <br />State of Nebraska. <br />Lot 'Pwelve (12), Jameson Subdivision, Hall County, Grand Island, Nebraska <br />together with aU the tenements and appurtenances thereto belonging, all the rents, issues and profits thereof, and all <br />easements, rights, royalties; mineral, oil and gas rights and profits, water, water rights, and water stock, and including <br />alt heating, plumbing, refrigeration, lighting; equipment and all fixtures of every description belonging to the <br />mortgagor naw or hereafter attached thereto or used in connection with the premises herein described and in addition <br />thereto the fo8awing described properties which are and shall be deemed to be Fixtures and a part of the realty, and <br />are a pottion of the security for the indebtedness herein stated. (tf none, state "none"} None <br />To have and to hold the same unto the Mortgagee, as herein provided: <br />The. mortgagors lawfully seized and possessed of and has the right to sell and convey said property; that the <br />same. is free from alt-encumbrances except as hereinabove recited; and that Mortgagor covenants to warrant and <br />defend the title aforesaid thereto and every part thereof against the claims of all persons whomsoever. <br />-This instrument is given to secure the payment of a promissory note dated Januarv 28r 1983 <br />in the principal sum of 5 43,000.00 ,signed by Donald E. Kaelin II <br />in behalf of K & L Motors Inc . <br />also, as such noteā€¢ar_notts may from time to lima be modified, renewed or extended in writing. <br />In the-event the title to said real estate is transferred, ar contracted to be transferred, from the undersigned for any <br />reason of by any rttethad wbatsoover, the entire principal sum and accrued interest shalt at once become due and <br />pgyable at the election of the-holder hereof. failure to exercise this option because of transfer of title as above stated <br />in cute instance shall not catsstitute a waiver of the right to exercise the same in the event of any subsequent tratsfer. <br />t,- The mortga~r coxenat-ta and agrees as faliows; <br />a, Ta'promptly Irrty the indebtcdnrtss: tvideocod by said promissory note at the times and in the manner <br />therein provided: <br />. b.-To pa}' all taxes, assescttttnts, wttter rates. and other governmental or municipal charges. fines. or <br />tpppsitlonc, for which prnvis~t has tttst been tnade hereinbefore, artd will pramptly deliver the official receipts <br />the~far ttt Elsa said mortme. <br />c, Tts pay h each-and fees as may be incurred-in the protection artd mainttnaace of said property. <br />ituIttt~ the fees nF any arty etnplayea#;by the martgagae for tha collection of any or an of the indebtecfttess <br />htsP+tb}' ~rietl, ax ('~eclosure by mortgagee`s sale, or :°ourt prtedings, or in any other lttigatiart or prtxecding <br />affe~tittg said prcrrtrrty. <br />