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<br />84 - 005636 <br /> <br />MORTGAGE <br /> <br />THIS INDENTURE, "",de this_____lilll:J_ day of ---.lli;:tQber ____________, 198.4__ by and between <br />GUADALUPE E. MARTINEI_ANQ ROSIE B. MARTINEZ, HUSBAND AND WIFE <br /> <br />of Ha 11 County, Nebraska. as mortgagor ~_. and Home Federal Savings and Loan Association of Grand Island. a corporation <br />organized and existing under the laws of the United States of America with its principal office and place of business at Grand Island, Nebraska. as. <br />mortgagee; <br /> <br />FOUR THOUSAND FIFTEEN DOllARS <br />IloUars(S 4;01:5.00 ), <br /> <br />WITNESSETH: That said mortgagor S . for and in consideration of the sum of <br />AND NO/lOO -------------------------------------- <br /> <br />the receipt of which is hereby acknowledged, do <br /> <br />by these presents mortgage and w8naDt unto~~-~OJ1:paee,Jts'~rs and ~ <br /> <br />forever. all the following described real estate. situated in the County of <br />and State of Nebraska. to.wjt: <br /> <br />Hall <br /> <br />LOT SEVENTEEN (17), IN WESTERN HEIGHTS SECOND SUBDIVISION, HALL COUNTY, <br /> <br />NEBRASKA. <br /> <br />Together with all heating, air conditioning. lighting, o.nd plumbing equipment and fIXtures. including screens, awnings. stann windows and <br />doors. and window shades or blinds, used on or in connection with said property, whether the same are now located on said property or hereafter <br />placed thereon. <br /> <br />TO HA VE AND TO HOLD THE SAME, together with aU and singular the tenements. hereditaments and appurtenances thereunto be. <br /> <br />longjng. or in aoywbe appenaining, fOrever. a~d warrant the title to the same. Said morgagor's__,_ ' hereby covenant ____.._ with said <br /> <br />mortgagee that t heY__ a.r~_ , at the delivery hereof. the lawful owneLS _ of the premises above conveyed and described. <br /> <br />~d__are._ seized of a good and indefeasible estate of inheritance therein, free and dear of all encumbrances. and thaL_--t-hey-..... will <br />warrant and defend the title thereto forever against the claims and demands of all persons whomsoever. <br /> <br />PROVIDED AL W A )'S, and this instrument is executed and delivered to secure the payment of the sum of.. __ <br />_~_ ___EilURTliOUSlllillElfITEN.._DOLLARS AND_llOt-1QQ_'O~-='O~~",_ DuU.rs IS --4015..00----1. <br />with interest thereon, together with such charges and udvam--es as may be due and payable to said mortgagee under the terms and conditions <br /> <br />of the promissory note of even date herewith and sa'urftl hereby, executed b)' said mort.gagor ._.5...... to said mortgagee, payable as expressed <br />in said note. and to secure the performant"e of all the terms and conditions contained tht:re-in. The terms of said note are hereby incorporated <br />herein by this reference, <br /> <br />I t is the intention and agreement of the parties hereto that this mortgage shall also secure any future advances made to said mortgagor _s...- <br /> <br />by said mortgagee, and any and all indebtedness in addition to the amount 8bov~ stated which said mortgagors, or any of them. may owe to <br />said mortgagee, howt"ver evidenced, whether by nOll', book account or otherwise. This mortgage shaU remain in full force and effect between <br />the Varties hereto and their heirs. personal representallv~s, SUl'cessors and assigns, until aU amounts secured hereunder. including futurt" <br />advances. are paid in full with intR.-rest, <br /> <br />The mongagor _.s.-- hereby assign ____ to said morlgagf'la aU rents and income arisi.'g at any and all times from said property and <br />hereby authorize said mortgagee or its agent, at its option, upon default, to take charge of said property and collect all rents and income <br />therefrom and apply the same to the payment of interest. principal. insurance premiums. taxes, assessments. repairs or improvements <br />necessary to keep said property in tenantable condition. or to other charges or payments provided for herein Ol' in the note hereby secured. Thts <br />rent assignment shalll..'ontinue in force until the unpaid balance of said not-e is fully paid. The taking of pos.~ession hereunder shall in no manm~r <br />prevent 01" retard said mortgagee in the collection of said sums by foredosun~ or otherwise. <br /> <br />The failure of the mortgagee to assert any of its rights hereunder at any time shall not be construed as a waiver of its right to asseft\ the <br />same at any iater time. and to insist upon and enforce strict ,:ompliam::e with aU the terms and provisi(lns of said note and of t.his mortgage. <br /> <br />If said mortgagorS shall cause to be paid to said Ini.:/rtgagee the entire amount due it hereunder, and under the terms and provisions <br />of said note hereb,)" secured. including future advances. and any extensions or renewals thereof in accordance wit.h the terms and provi.qions <br /> <br />thenJof. and if said mortgagor ~mS- shall comply with all the provisions of said note and of this mortgage, then these presents shaH he void: <br />otherwise to remain in full force and effect, and said mortgagee shall be entitled. to the possession of all of said property, and may, at its opt.ion, <br />declare the whole of said note sod all indebtedness represented thereb)' to be immediately due and payable. and may foreclose thi.<l mortgage.' <br />Of take any other legal action to protect its right. Appralliement wwved. <br /> <br />This mortgage shall be binding upon and shall enurt' to th{> benefit of the h~irs. eXt.'Cutors, adminislrators, successors aud Msigns of tht! <br /> <br /> <br />=;'e..hj~~ _d MO.rt~r.. ",5.. h. ve h.,.unw set thei r hand S_ tb. day nlld year n,,, nhove <br /> <br />{-' LljplE:~,Ui~~/IAj~rc) LiiwsYE {)MAJ~1il~i <br />