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~~-~~~2ss MORTCTAG~ ,.
<br />This mortgage made and entered into this 26th _ day of _ Play _
<br />I3 82 ., by and between Virgil Byerly and Marlene Byerly, husband and wife
<br />('hereinafter referred to as mongagcr) and Commercial National Bank and Trust Company
<br />(hereinafter referred to as
<br />mortgagee), who maintains an office and place of business at 424 West Third street in Grand [stand,
<br />Hall County, Nebraska.
<br />WITrtrFSSETH, 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, all of the fol-
<br />lowing described property situated and being in the County of xall
<br />State of Nebraska.
<br />N~KE~[ (North xalf Northeast~.xarter) Section 1~venty Eight (28) '_'ownshio 7Welve (12),
<br />Range Niae (4), Hali Cotmty, Nebraska.
<br />[ot;ether with aA the tenements and appurteaanors 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 />alt heatin6, plumbirtg, refrigeration, lighting, equipment-and ali fixtures "of everydescription':belonging io the
<br />mon6a6or now or hereafter attached thereto or cased in connection with the premises herein described and in addition
<br />thereto the following described properties which arc and shall be dearted to be:fixturt~s and a part'of ehe realty, and
<br />are a portion of the security for the indebtedness herein stated. IIf none, state"hone")
<br />To have and to hold the same unto the Mortgagee, as herein provided:
<br />The mon6aaor is lawfuily seized and possessed of and haz thr, right to sell and convey said property; that the
<br />same is free from all encumbrances accept az hneiuabove recited; and that Mortgagor covenants to warrant and
<br />defend the title aforesaid thereto and every part thereof against the claims of al[ persona whornsoever.
<br />This iruwment is given to secure the paymrnt of a promissory note da[ed M~aF,r 7 ga~
<br />in the principal sum of S ane nndrera ~;~;-Y T~,~~~ signed by vir4~1 Byerly acid Ma,rlena BVerly
<br />in behalf of v-rQi? Hy~ly a.,d r.£:rt Fne Sver_3y
<br />also. az such note or [totes mty from time to time be modified, renewed or exsendcd in wiring.
<br />In the event the title to said real estate is transferred, or contracted to be transferred, from tht undersigned fqr any
<br />reason 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 />in one instantt shall not constitute a waiver of the right to exercise the same in the event of any subsequent transfer.
<br />l . The mortgagor covenants and agrees as follows
<br />a, To promptly pay the indebtedness evidrnced by said promissory note a. the times and to the manner
<br />therein provided.
<br />b. To pay all tazr , asses mcnls, water rates, and oeher governmental or court ipal charges, fines, ar-
<br />9mtrositignx, for which provision has nit been made horeinbeforc, and wit; promptL' dcli•.~er Flu oificiat rrc£ipts.
<br />therefor to the said mortgagee.
<br />c_ To twy ac:h ctpcn5cs and fees a, may= be m.ur.ed in the pro cxttrnr ~ d rr air ~ ,anr ~>f tiatd propertp,.
<br />in~tydicg the tees q ~ asse° attornCy ~-mp9nYed by the rcyortkagxe for t~"„~t~:nit ~_ , any o ail nt the indctrfrdne~s
<br />hcxcFp srcu cd, :~r to ,cla~urc ~y coo*ta.egre's ;a1c. ~r-£ourt priKeci .tar. or -~ ,~n of^. ° ltti a=~"'t ~?r ,
<br />af3~'ESnC",..s~.i;,,~tiN=`~y 1' P Eroctt~dtil
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