83001639 - Laserfiche WebLink

Browse

r 83- 001639 incidental thereto unto the mortgagee and its successors forever in fee simple. This instrument is given to secure the payment of a promissory note dated April 6. 1983 , in the principal sum of $475,000.OU, executed and delivered by Lawrence Huwaldt. Pres. in behalf of Nebraska Hil-Nic, Inc., a Nebraska Corporation (hereinafter the "Note"), together with all interest thereon as provided therein, all extensions and renewals thereof, all obligations of mortgagor hereunder and under a loan agreement of even date, and all sums advanced by mortgagee to protect the security of this mortgage. 1. Covenants. Mortgagor further covenants and agrees with Mortgagee as follows: (a). Payment. That it will promptly pay the indebtedness evidenced by the Note at the times and in the manner therein provided. (b). Title. ~1ortgagor is lawfully seized and possessed of and has the right to sell and convey the Mortgaged Property and that the execution and delivery of this mortgage does not violate any provision of the Articles of Incorporation or Bylaws of Mortgagor or any provision of any existing indenture, contract or agreement to which Mortgagor is a party. Mortgagor warants that the lien created hereby is a first and prior lien on the Mortgaged Property, except: (1) A Deed of Trust dated March 8, 1980 and filed as document 80-001184 in the office of the Register of Deeds of Hall County, Nebraska wherein Lawyers Title Insurance Corporation is the trustee and Realbanc, Inc. is the beneficiary, which deed of trust was assigned to Aetna Life Insurance Company by assignment dated March 14, 1980 and filed as document 80-001187 on March 20, 1980 in the office of the Register of Deeds, Hall County, Nebraska; (2) An assignment of Rents and Leases dated March 8, 1980 and filed March 20, 1980 is document number 80-001185 in the office of the Register of Deeds of Hall County, Nebraska, wherein Realbanc, Inc. is the assignee, which assignment was assigned to Aetna Life Insurance Company by an assignment dated 11arch 14, 1980 and filed as document 80-001187 on March 20, 1980 in the office of of the Register of Deeds of Hall County, Nebraska; (3) A security agreement and a financing statement filed March 20, 1980 as document 80-001186 in the office of the Register of Deeds of Hall County, Nebraska wherein Realbanc, Inc. is the secured party which security agreement and financing statement have been assigned to Aetna Life Insurance Company. (c). Taxes and Assessments. Hortgagor will pay all taxes, assessments, water rates and other governmental or municipal charges, fines or impositions, for which provision has not been made herein before, and will promptly deliver the official receipts therefor to Hortgagee. (d). Expenses. Mortgagor will pay such expenses and fees as may be incurred in the protection and maintenance of said property, including the fees of any attorney employed by the mortgagee for the collection of any or all of the indebtedness hereby secured, or foreclosure by court proceedings, or in any other litigation or proceeding affecting said property. Attorneys' fees reasonably incurred in any other way shall be paid by the mortgagor. (e). Additional Security. For better security of the indebtedness hereby secured, upon the request of the mortgagee, its successors or assigns, he shall execute and :2