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Q ; ,, REAL ESTATE MORTGAGE WAYNE SMITH d/b/a S & S CONSTRUCTION, herein called the Mortgagor, in consideration of FIVE THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($x,250.00) does hereby mortgage to GERALD FREDERIKSEN and L. JL"NE FREDERIKSF.N, husband and wife, as joint tenants with right of survivorship, herein called the Mortgagees, the following described real estate in Hall County, and State of Nebraska: Lots Four (4), Five (5), and Six (6), in Shady Lane Subdivision, Hall County, Nebraska. And the Mortgagor does hereby covenant with the Mortgagees and with Mortgagees heirs and assigns that Mcrtgagor is lawfully seized of said premises, that they are free-from encumbrance, that tortgagor has good right and lawful au- thority to convey the same, and that Mortgagor warrants and will defend the title to said premises against the lawful claims of all persons whomsoever. This Mortgage is given to secure the payment of the principal sum of $5,250.00 and interest thereon, according to the terms of a certain Promissory Note of even date, executed by the Mortgagor to the Mortgagees, due the 1st day of November, 1984. The Mortgagor agrees to pay all taxes and assessments upon said premises and all other taxes, levies and assess- ments levied upon this Mortgage and the Note which this Mortgage is given to secure before the same become delinquent. In the event the Mortgagor shall fail to pay such taxes before delinquent, the Mortgagees may pay such taxes or other liens and shall have a lien secured hereby for the amount so advanced with interest thereon at the rate of eighteen percent (18~) per annum. In the event of default in the performance of any of the terms and conditions of this Mortgage or the Note secured by it, the Mortgagees shall be entitled to immediate possession of the property above described and all the rents, revenue and income derived therefrom during such time as the Mortgage indebtedness remains unpaid shall be applied by the Mortgagees to the payment of the Note and all other sums secured hereby after deduction of any necessary costs of collection. In the event the Mortgagor defaults in the payment of said indebtedness or any installment thereof, or fail to perform any of the other agreements herein, the Mortgagees at Mortgagees election may declare the entire debt secured by this Mortgage to be due and collectible at once; and may foreclose this Mortgage for the satisfaction thereof. Signed this ( = day of November, 1982. ~l'i2v1•-G~ Wayn Smit~i STATE OF NEBRASKA ) (ss: COUNTY OF HALL ) Before me, a Notary Public qualified for a.n said County, personally came Wayne Smith, to me known to be the identical person who signed the foregoing instrument and ackno~.1~iedged the execution thereof to be his voluntary act and -. . Witness my hand and Notarial Seal on i 14 8 2 . _.___.4 ~__._ _ iEREJ X %iiilN9-1iE4r N iNbW .~ ~.....:~..~...;._...5_ ,.._ _ _k -. Ot8l1At. 'WOt3X'L °ub1. .:.~._.... ___...,._.. _ __ yp6e~. Oev. ~i_ *9CtY