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<br />I <br /> <br />MORTGAGE <br /> <br />83-001715 <br /> <br />n <br /> <br />Thismbrtgalle made and entered into this 8th day of April <br />19~, by and between Kenneth E. Hilligas and Ramona R. Hilligas, husband and wife; and <br />Lewis W. Hilligas and Shirley M. Hilligas, husband and wife <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 424 West 3rd <br />Hall County, Nebraska, <br /> <br />(hereinafter referred to as <br />street in Grand Island, <br /> <br />WITNESSETH, that for the consideration hereinafter stated, receipt of which is hereby acknowledged, the mortgagor <br />does hereby mortgage, sell, grant, assign, and convey unto the mortgagee, its successors and assigns, aU of the fol- <br />lowing described property situated and being in the County of Hall <br />State of Nebraska, <br /> <br />Lots Four (4) and Five (5) in Block Forty Five (45) in Packer and Barr's <br />Second Addition to the City of Grand Island, Hall County, Nebraska, "also <br />known as 2304 West Lincoln Highway, Grand Island, Nebraska <br /> <br />Lots One (1) and Two (2) Eastside Subdivision, in the City of Grand Island, <br />Hall County, Nebraska, also known as 1108 and 1116 NorL~ Beale Avenue, <br />Grand Island, Nebraska <br /> <br />together with aU the tenements and appurtenances thereto belonging, aU 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 aU fixtures 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 foUowing described properties which are and shall be deemed to be 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 herein provided: <br /> <br />The mortgagor is lawfuUy seized and possessed of and has the right to seU and convey said property; that the <br />same is free from aU 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 aU persons whomsoever. <br /> <br />This instrument is given to secure the payment of a promissory note dated April 8, 1983 <br />in the principal sum of $ 106,100.00 , signed by Kenneth E. Hilligas and Ramona R. <br />in behalf of themselves Hilliqas and Lewis W. Hilligas and Shirley <br />M. Hilligas <br />also, as such note or notes may from time to time be modified, renewed or extended in writing. <br /> <br /> <br />In the event the title to said real estate is transferred, or contracted to be transferred, from the undersigned for any <br />r~ or by any 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 title as above stated <br />inOlle instance shall not constitute a waiver of the right to exercise the same in the event of any subsequent transfer, <br /> <br />I, The mortgagqr covenants and agrees as follows: <br /> <br />a. To ..PfOlllptly pay the indebtedness evidenced by said promissory note at the times and in the manner <br />therein provic\ed, <br /> <br />b, To pay aU taxes. asse>>ments, water rates. and other governmental or municipal charges, fines, or <br />ill)POSltiom. for which provision has not been made hereinbefore. and will promptly deliver the official re;;eipts <br />thel'rlor to the said lIlortgllaee, <br /> <br />c, To pay slU:h c:xpeuses and fees as may be incurred in the prote;;tion and maintenance of said properrv, <br />lndudintthe. fees of any altomeyemploYed by Ihe mortgagee for the ,olleet.on of anv or all of the indebtL'(jn~" <br />l:1cJ'tby ;;ecured. Of fotedmureb~~ lIlOflgagee.'s Mlle, or court proceedings, or in an' oll;er litigation 01 proce<'ding <br />affecli~ !lIid prQ)lefly. <br />