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'~"~w" # <br />~^°~ .i „ ~ s -~ ~k'E.~S. >i~~TAT'E ~9i0!RT~W~:GE ~~,~ „'' __ <br />K270W ALL MEN BY' THESE PRESENTS: <br />That, T 6 E CATTLE CO., a corporation, duly organized sad existing under the <br />laws of the State of Nebraska, as mortgagor, in consideration of the granting of <br />a line of credit in the amount of FOUR MILLION FIVE HUI3DRED THOUSAND AND NO/100 <br />DULLARS ($4,500,000.00), does hereby grant, bargain, sell and convey unto THE <br />FIRST NATIONAL BANK OF GRAND ISLAND, a banking corporation of Grand Zslan~?, Hall <br />County, Nebraska,as mortgagee, the following described real estate situated in <br />ball County, and State of Nebraska, to-wit: <br />The. Southwest Quarter (SSJ4) of Section 13, Township 11 North, <br />Range 10 West of the bth P.M., Hall County, Nebraska, except <br />tracts Af land ccnveyed to the City of Grand Island by deeds <br />recorded in Book 112 at Page 111 and in Book 153 at Page 566. <br />Including all irrigation and water rights, irrigation wells, <br />pumps, irrigation equipment and accessories thereto. <br />Subject to easements of record and to existing roads and highways, <br />together with all improvements thereon, equipment, fixtures and appurtenances <br />thereunto belonging; and all covenants and all title deeds running with such <br />lands; and all rents, issues and profits arising therefrom after default and <br />performance of any covenant and condition herein contained; the intention being <br />to convey hereby an absolute title in fee simple and to convey all and every <br />right, title and interest of such T & E CATTLE. CO., a carpcratioa, is and to <br />such real property. <br />The mortgagor does hereby covenant with the mortgagee, its successors and <br />assigns, that it is lawfully seized of said premises, except as hereinstated <br />and that they will warrant and defend said premises against lawful claims of <br />any and all persons whomsoever. <br />To have and to hold the premises above described with all improvements thereon, <br />including all heating, gas and plumbing apparatus and fixtures and alI appurtenances <br />thereunto belonging unto The First National Bank of Grand Island, Grand Island, <br />Nebraska, and to its successors and assigns forever, provided always, and these <br />presents are upon the express condition that if the said mortgagor, its successors, <br />or assigns, shall pay or cause to be paid to The First National Bank of Grand Island, <br />its successors or assigns, the total unpaid balance of the line of credit up to <br />FOUR MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($4,500,000.00), plus interest <br />an the from time to time principal unpaid balance at a rate of Two Per Cent (2X) per <br />annum in excess of the prime rate d'. interest of The First National Bank of St. <br />Louis, Missouri, applicable to ninety-day commercial loans, and after maturity at <br />a rate which is Two Per Cent (2X) per year in excess of the rate in effect at <br />maturity, all according to the tenure and effect of demand promissory note of the <br />mortgagor bearing even date with these presents. Mortgagor shall pay all taxes <br />and assessments levied upon such real estate, and all other taxes, levies and <br />assessments levied on said mortgage or upon the note which this mortgage is given <br />to secure before the same becomes delinquent. <br />IT IS FURTHER AGREED: <br />1. That if the said mortgagor shall fail to pay such taxes, the mortgagee, <br />its successors or assigns, may pay such taxes and procure such insurance <br />and the sum so advanced with interest at eleven per cent (11X) per annum, <br />shall be paid by the said mortgagor and this mortgage shall stand for <br />security of the same. <br />That this mortgage secures all amounts now or hereafter advanced by <br />mortgagee up to and including the aggregate tonal principal amount of <br />the note described above, plus any additional amounts which may be <br />advanced according to the terms of said note or this mortgage, plus <br />any additional loans and extensions of credit, not to exceed the aggregate <br />total principal amount of $4,500,000.00 at any time outstanding, which <br />may from time to time be advanced or repaid and readvanced at the sole <br />option of the mortgagee, as well as any interest attributable to and all <br />extensions, renewals and refundings of all or parC of any of the above. <br />None of the provisions of this mortgage shall be deemed extinguished by <br />virtue- of .the fact the: the note described above may at any time not <br />evidxnea a debt actually autstans+ing. <br />