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<br />I <br /> <br />83-001U>,5 <br /> <br />MORTGAGE <br /> <br />This mortgage made and entered into this 2nd day of Februarv, 1983 <br />19_. by and between Paul and Elai.ne Graham, husband and wife <br /> <br />(hereinafter referred to as mortgagor) and Commercial National Bank and Trust Company <br /> <br />mortgagee). who maintains an office and place of business at 324 West Third <br />Hall County, Nebraska, <br /> <br />(hereinafter referred to as <br />street in Grand Island, <br /> <br />WITNE5SETH, that for the consideration hereinafter stated, receipt of which is hereby acknowledged, the mortgagor <br />does hereby mortgage, sell, gram, assign. and convey unto the mortgagee, its successors and assigns, all of the fol- <br />lowing described property situated and being in the County of Hall <br />State of Nebraska, A tract of land located in the Northwest Quarter of the Northeast Quarter <br />(NW~NE~1. of section 35, Township 11 North, Range 10 \'I'est of the Sixth Principal Meridian <br />Hall County, Nebraska, and more Particularly described as follows: Commencing at the <br />Northwest corner of the Northeast Quarter (NE~) of said Section 35; thence running East <br />along the North line of the Northeast Quarter (NE~) of said Section 35 a distance of Nine <br />Hundred Forty-Three and Seventy~~~ Hu.~dredths (943.72) feet; thence deflecting right <br />Ninety degrees no minutes (90000') and running South a distance of Forty and no Hundredths <br />(40.00) feet to a point on the South Right of Way line of a County Road, said point being <br />the actual point of beginning; thence continuing South on a line perpendicular to the <br />South Right of Way Line of said County Road A distance of One Thousand Two Hundred Eighty <br />Two and NO Hundredths (1282.001 feet; thence deflecting Left Ninety Degrees and No Minutes <br />(90000') and running East a distance of Three Hundred Thirty-Nine and Seventy Eight <br />Hundredths (33!l.78) feet; thence deflectillg left Ninety degrees and no minutes (90000') <br />and running NOrth a distance of One Thousand Two Hundred Eighty-Two and no Hundredths <br />(1282.00) feet to the South Right of Nay lL'1e of said County Road; thence deflecting left <br />Ninety degrees and no minutes (90000') and running West along the South Right of Way of <br />said County Road a distance of Three Hundred Thirty-Nine and Seventy-Eight Hundredths <br />(339.78) feet to the actual point of begiIh'1ing, <br /> <br />together with all the tenemems and appurtenance> 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 />all heating. plumbing, refrigeration, lighting, equipment and all fi~tures of every description belonging to the <br />mortgagor now or hereafter attached thereto or used in connection with the premises herein described and in addition <br />thereto the following described properties which are and shall he deemed to he fixtures and a part of the realty, and <br />are a portion of the security for the indebtedness herein stated, (If none, state "none") <br /> <br />To have and to hold the same unto the Mortgagee, as herem provided: <br /> <br />The mortgagor is lawfully seized and possessed of and has the right to sell and convey said property; that the <br />same is free from all encumbrances e,~cept as hereinabove recited: and that Mortgagor covenants to warrant and <br />defend Ihe title aforesaid thereto and every part thereof against the claims of all persons whomsoever. <br /> <br />This instrument is given to secure Ihe payment of a promissory note dated February 2, 1983 <br />in the principal sum of S 50,000 , signed by Paul and Elaine Graham <br />in behalf of Paul and Elaine Graham <br /> <br />also, as such note or notes may from time to time be modified, renewed or extended in writing, <br /> <br />In the event the title 10 said real estate is transferred, or contracted to be transferred. from the undersigned for any <br />reason or by an)' method whatsoever, the entire principal sum and accrued interest shall at once become due and <br />payable at the election of the holder hereof. Failure to exercise this option because of transfer of litle as above slated <br />in one instance shan not constitute a waiver of the right to exercise the same in the event of any subsequent transfer. <br /> <br />(, The mortPIOI' COV_IIU and agrees as follows: <br /> <br />a. To promptly pay the inc:lebtedness evidenced bv said promissory note at the times and in Ihe manner <br />thefcift provided, ' <br /> <br />II: To pay all taxes, asS('Ssmenu, Wlter rates, and other governmental,,, municipal <'harg<"s, linn, <'! <br />impolltJons. for wbkh provision IIll!> nol ne.n made htreinbefore, and WIll prompt!\' deliwr I he "ffkial !v<'v,p'< <br />th<<~for to the WO mvrtPaee, <br /> <br />, ;;', To pa.., ~lK'1l e~flftIW'l and fffl\ as ma)' he incurred in ,he prO!t'Cllon and mdltllVnan((' ,,1' ',ud pn'>,vt1\. <br />llM:llidilll the left of lUll' atlOfnt")' flftrlo~ bt' ,he ffiOf1ltlllet' for the ,'olle..'tton "I :u\\' or all <'1 the Indehll'dnv" <br />~C'by ~Uft'd~ Uf for~"it"ur~ t':;\, rn('}n..a~j~ ...alt'. or 1..T1Un i't(l\'~hnit1,. ;,}f H~ .1nv -C\tht"f llillrl:"Hh1n (\f T'l.~'l~\'"l,.llll~ <br />.dttx''H"-, ~~uj t"f~"~fn '" <br />