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<br />MORTGAGE ~2---ut253~ <br />This mortgage made and entered into this, 'nth day of June <br />19 82 ,by and between xerbert xoch and`He1en Kocht husband and wife <br />(hereinafter referred to as mortgagor) 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 sireet'in Grand Is{aztd, <br />Hall County, Nebraska. <br />WITNESSETH, that for the consideration hereinafter stated;. eeceipt 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 Hall <br />State of Nebraska. <br />Southwest Quarter (Sw~tl Section Fourteen C14~F North Half Southeast Quarter (N~SE~aZ <br />and tract described as follows: Corimtencing; at the Southeast Cornea- of the NESS; run- <br />ning thence in a northerly direction for a distance_pf 13,5: rods] thence in a westezly <br />direction for a distance of 16Q rods, hence in a southerly direction fo a distance <br />of 14.5 rods, tCience along the:soutfi ine of said NEB in an easterly direction•`for a <br />distance of 160 rods to the place of beginning and containing 19 acres, more or less, <br />Section 23, all in 12N 30 west of the'6ta P,M. <br />together with all the tenements and appurtenances 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 />all heating, plumbing;. refrigeration, lighting,. equipment. and all fixtures of every description- belonging to tree <br />mortgagor now or hereafter'attached thereto or used in connection with [he premises herein described and in"addition <br />thereto. the following described properties which are and shat( be deetned to be fixtures and a part of the :realty, and <br />are a portion of the security for the indebtedness herein stated. (I! none, state "none") <br />To have and to hold the same unto the Ivfongagee, as herein providedi <br />The mortgagor is lawfully seized and possessed of and has the right to sell`and convey said property; chat the <br />same is free from all encumbrances except as hereinabove recited; and that;Mortgagor covenants to warrant and <br />defend [he title aforesaid thereto and every part thereof against the claims of all"persons whomsoever. <br />This instrument is given to secure the payment of a promissory note dated: June 11,..1982 <br />in the principal sum of 5 225,000 stgned by HerhPrr xnc~h ar,rt uPi~ x ~c'~ <br />in behalf of Herbert Koch and Helen Koch <br />also, as such note or notes may from time to pme.be modified, renewed.or extended in writing. <br />In the event [he title to said real estate is transferred, or contracted to; be transferred, from the undersigned for any <br />reason or by any method whatsoever, the entire prineipal'sum and accrued,imerest 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 instance shall not constitute a waiver of the right to exercise the ame in the event of any subsequent transfer. <br />1. The mortgagor covenants and agrees as follows: <br />a. To promptly pay the indeb[edne~ evidenced by said prpmissory n6te ai the times arid in the manner <br />therein provided. <br />b. To pay alt taxes, assessments, water rates, and othee governmen-al of municipal charges, fines, or <br />irnposition_s, for which provision bic not been made hereinbefvre, and will p;omprly deliver the official receipts <br />therefor to tF,e said mortgag~te. <br />c. To pay suite exr~enses and fefs as may be rncurred in the protectionand n[antenance of saidpropatty. <br />rncluding the fees of any attorney employed by ttre mortgagee for. the collection of airy ar ull of the ndcMtedncss <br />~erebp seCUrzd, or tur~closdre by mortgal,cc's Talc, qr ~gttrt fsrcx;ecdirga, cirirt aray~ uthei Jttteatit>n orpraccedinp} <br />at['~[ing said property. <br />