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<br />REAL ESTATE MORT6A6E $4 ~~ 102015
<br />KNOW ALL MEN BVTNESEPRESENTSThat Danny M. Cade and Pamela J. Cade, husband and wife,.. ifintlimtluals
<br />jdnity arM severalty, residing in Na 11 County, Neh ra s ka ; arM if a corporation or other business entity, with its
<br />principal place a business in Counry, , (hereinafter referred to as "Mortgagor") in consideration
<br />a all Mortgagor's intleMetlness, liabltities. and oDfigarions to Commercial National Bank & Trust Company
<br />a .Hall _ Counry, State of Nehra ska i"Mortgagee'), now existing or hereafter incurred, and Diner valuable consideration in hand paid,
<br />does hereby sell ono convey unto Mortgagee the following tleuribed premises situated in Cta Y 1 County and State of Nebraska .
<br />town:
<br />Lot Five (5) and the easterly Four (4) feet of Lot Six (6), in Block Three (3);
<br />Cunningham Subdivision, an Addition to the City of Grand Island, Hall County;
<br />Nebraska
<br />together with aH of the right, title, and imerest of the Mortgagor in said property now owned or hereafter acquired and alt buildings, improvements, and--fixtures many
<br />type now or hereafter placed on said real property and all easements, rights, appurtenances, rents, royalties, oil and gas rights aitd~profits, water, water rights, and
<br />water stack, and all fixtures now or hereafter attached to the foregoing described property, all of which Jnduding replacements and additions thereto; shat{ be Aeerned
<br />to De antl remain part of the property covered by this Mortgage. All of [*e roregang property shalt De cadectivrdy hereinafter referred Co as ilia "Premises."
<br />This mortgage is given to secure a certain promissory note dated Apr i 1 12. 1984 in [he principal sum of Fifty Thousand,_
<br />and no/100--------------------------------Dotlars($ 50,000.00 !_anginterestYDoreonaecordingro'theterms#
<br />said note ana any arM alt extensions, renewals. motltfications, or substiturions thereof and each and every deM, liability and obggdtlddoY every type aiW-desctiptbn
<br />which the Mortgagor may now or at any time hereafter awe to the Mortgagee, including guarantees or accommodations, which the Mortgagor may now;-or atariygaie-
<br />herearier, owe or be oDpgatetl on to the Mortgagee. whether such debt. liability, or obligation now exists or is or maybe direct or indirect, due or to beconxf~dite;
<br />absolute or contingent, primary or secondary, ligmdatetl or unliquitlated, or joint, several, or iomt and several, all soon Debts, liabilities, and=oMfgaliorls all cabc9ivety
<br />hereinafter referred to as "Obligations " _
<br />Tne total principal amount, exclusive of interest of the Obligations including any future debts, advances. liablties nr OWigatbns, not inDluding hmveve(agy=•
<br />sums advanced for the protection of the Premises or the Mortgagee's interest thereto. shall not exceed the-sum o1 One Nnndred - Thottsand~~- and•.- `
<br />no j 100------------------------- Dalars i $100 , 000.00 ), provided. however, that nothing etlntainedherein shalkcaisidide .
<br />a CDlrlml(ment ID make atltlilional Dr 1Uldre IOanS or dtlvanrRS in ddy amount.
<br />The Mortgagor hereby warrants that rt is fee owner of the mortgaged real property, that it will tlefen0 the title against alt ciaimanis wDOmsoevet and tt -
<br />relinquishes all rights of homestead in Said Premises antl covenants antl agrees wiID the Mortgagee as follows:
<br />1. To pay when due all taxes, liens, lodgments, or assessments which may be IawfWly assessed against the Premises andthereniat charges uport:airy leases
<br />assigned as additional security for this Mortgage.
<br />2. To insure antl keep insured the Premises antl other improvements now on or which may hereafter Do piarxtl on said Premises [o the satisfaction a'!fM
<br />Mortgagee. Any policy evidencing such insurance snail be entlorse0 with a mongagee loss payable clause, approved by aM in favor a Mortgages, and deposilddwNb
<br />me Mortgagee antl with any lass mereuntler to be payable to Mortgagee. At the option of the Mortgagee. sums So received by Mortgagee or Mortgagor may pe used fo.
<br />pay for reconstruction of the destroyed Premises: or, if not so applied, may, at the opton a the Mortgagee. De applied in payment otany Obligations, matured or
<br />unmaturetl. secured by this Mongage.
<br />3. To keep au Dwitlings occupied and m good repan and to retrain from the commission of any acts of rellgeal, tlemoktion, or Impairment ntthe:Premises; rlot.TD
<br />cut or remove, or permit to he cut or removed, any wotltl or timber from said real property,.aM.tiot.tacmmit-a pemritanywesteor impairmsnt otine valui;.oiYlEa--:
<br />security to cdnanuousty practice approved memads a farming on said Premises. to prevent..eroSiiKf%aElddDS~s{Iraed~M'rirlilwos 8M1 damaging weeds, and 1o preserv6-'
<br />the feniliry of the sal. _ - -, _-
<br />4. That alt money and awaros payable as damages or compensation for the taking a Dtle~b or peSSesSlbh ot,' or for tlazriage~'to:any portion of the Premises DY .
<br />reason of any corklemnatien, eminent domain, mange Uf grade, or other proceeding snail, attne oPriod bf ItIE Mortgagee. be paid to the Mixtgagee;;and=such moseys
<br />and awards are hereby assigned to Mortgagee. amt judgment therefor shall be entered in favor a Mortgagee, and whenpafd Shalt Ire-used,: akjisopiion; #oinrtl the
<br />payment of the Obligations secured hereby in such order Ur manner as Mortgagee may desire ordstermiile, Or-shalf De~ used at: its apttaic for paytnenta taxes.
<br />assessments, repairs or Diner items for the payment of which this Mortgage is given as security, wtlether the same:be then tlue~or dot, an0 insuch oMerocmanrter as -
<br />Martgagae may detennirre, aril any amount nor so used snaN be released by the Mortgagee to the Mortgage. Such applicatbh-ar release-shaltna~ Wre w waive. any
<br />default w foreclosure proceedings. In the event Mortgagee deems it necessary to appear or answer in condemnation action, hearing or proceeding, Moptgagor~snalt.
<br />Pay 16~g1 expenses in connection therewith, including but not limited ro attorneys' fees antl court costs, and until so paid, such expenses, with interestaptiro:raksnf
<br />percent, shall be added to ine Obligations secured hereby m such manner or order as Mortgagee may desire or determine, having the benefit of the-itch
<br />created hereby as a part hereof and of iES piroriry.
<br />5. That in the event Mortgagor tails to pay when due any razes. rental charges upon any Moses assigned as~ atlatWnal security for this. Mortgage, lietts~.
<br />judgments, or assessments lawfully assessed against the Premises, or fails to maintain insurance as hereipbeforo provided, Metgagee.may make web paymenFor
<br />provide such insurance, and trio amounts! Paid therefor shall become a part of the Obligations secured hereby, due and payaDk Imliledlatefy, andshall bear.interaSt
<br />at the rate of 16.5 percent per annum from antl at the time the Mortgagee makes such payment.
<br />6. Thal in the event Mortgagor defaults in the payment of any of the Obligations or of any Interest thereon, at the time when the same:shaitDe due, ~or with
<br />respect to any covenantor condition hereof, roan, at the option of Mortgagee, the entire Obligations secured hereby shall iorlhwiYh beCOllMtdpe and paya4te; atld:ttie
<br />Mortgagee may immediately taeclose this Mortgage ac pursue any other avaiWae legal rimlarty. In the event ofapy acton by Mortgagee to-enlorie calbctiDn of.any of
<br />the Obligations secured hereby, the Mortgagor agrees tftat any expense including without IirtdUlfon attenays' fees antl costs incurred in coptrectiad therewith or
<br />incurred to procure or extend an abstract of title shall, when incurred or paid by Mortgagee, become a pan of the Obligations secured Hereby and shalt be paid by
<br />Mortgagor together with all the taxable costs of such action.
<br />7. That in the event any action is Drought to foreclose this Mortgage for all or any part of the Obligations scoured hereby, the Mortgagee snail pg entitled to
<br />irrmiediate possession of the mortgaged premises, ana the court, or a judge thereof in vararion, may appdni and the Mortgagor hereby consents to the appdnirrxmt a
<br />a receives to take possession a said Premises m calect and receive rents antl profits arising theral[an; and from any moneys sd collected, to pay taxes, provide
<br />inwrance, make nestled repairs to improvements upon trio Premises, and make any other expenditures authorized by tfre court, and apply any sum remaining attar
<br />the payment a such authorized expendtures upon the Obligations.
<br />6. Thai failure or delay of Mortgagee to ezerrase any of its rigors or privileges or to insist upon strict penormance of any covenants or agreements of Morgagor
<br />crntainetl in this Mortgage shalt never be construed as a waiver of any requirement or obligation of Mortgagor or right or remedy of Mortgagee contained in or based
<br />upon any of the terms, provisions, agreements or covenants of this Mortgage or any future defaults.
<br />9, Tlat in wse a default in the payment of any o1 the Obligations or m rase of payment by Mortgagee of any lien, Eudgmant, fax, insurance, cost; or expense,
<br />said Nlvrt9agee shall have the pmilege, wimout declaring the whole indeDledness duo antl payable, to foreclose on account of such specific delauh for such
<br />OpYgat". __ .as pm in dafautt antl sudh foreciosuta proceedings may De nag antl the land tlescfipetl herein may be sold, subject to the unpaid Obligations hereby
<br />.. scoured, and,[Etis Morgage sDail continue as a lien for any unpaid balance of the ObilgaNOns.
<br />10~ Mprtgaye asstgFlS and tletivers to the Mortgagee ail right, tills, interest, and demand in antl to rents and profits of the Premises and does assign ro
<br />Moliga~ee atFEegses of the Promises now or hereafter made, written or oral, and duos empower Mortgagee to calact and receipt icr all rents. Mortgagor dir5ets ap
<br />teciafds_to pay reM.duepr to tkk:onle due fo Mortgagee. The term of this assignment is until the Obhgaiions are Cully pa~tl. This assignment snail not trecome operative
<br />unless defwl! i5 made In the covenants, terms, and conditions of arty of the ODhgations or this Mortgage.
<br />71. if apy pan 4f the Premises are t.=ansterred or sad witnoui ine poor wrillen consent al rho Mortgagee, the Obkgatians may at too opbon of the Murtgageu Da
<br />declared Immedi2tely due and payable and IMS Mortgage may be foreclosed as set form in paragraphs 6 and 7 a} this Mortgage.
<br />12. That ineal'rnamdises are-free and clear of atitiens and encumbrances whatsoever, except---_ .-.-.".__._._ _.._.....__... --. __. _.______.__.-. ..
<br />RR .. ._ __._...._.__ -._ __.___. _ _____ .._._.. _._ ._
<br />13 ;a ine event Mortgagor sftali, without me prior wrt±ten c:onsen of Mcrtgageu mortgage a otnerwlse encumoar ;ne Pren ses a pe; rn he Premiscs :n ui<.
<br />encumbered in any faahiDn, loan Mortgagee may. at Martgagee~s option, decrare all ObllgaE;ons to Go ~;modiatoiy duo and oayae e end a~ sr,cr uvont this hiartgage
<br />may be idreafosetl a3 5eE forth in pa~agraPhs 6 and 5 of tots Morgage
<br />f a. Tfyt d any Provtskms hereof should Da ham atlerdOrCeabte o-r cad, rneo solo provision shat oo usemed separable uom trio ~:~^a:nmu dray„runs ann sna,: ,n
<br />no Way aYE~d ine vagdity of rtes Mortgage.
<br />* alsc to secure the pe rsvnal BuaranterWs o[ Danny M. grid Pami~ia J. fade f)i}A
<br />CounttysSdr? Auer Sates dated APri; 21, t98J
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