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~, <br />l10itTGACE <br />bfORTGAfE LOAN NO. LZ3405 MCiIC <br />KtitOwALLMENBYTBESEPRESENTS:?Tut Douglas A. Berke and Barbara J. Berne, each in his <br />and her own right and as spouse of each ather <br />Mortgagor. whether orre or mere. in rratian of the sum of <br />fifty Thousand Nine Hundred and No/100----------------------------------------- pprraRS <br />latssed to said martfyagor by The Equitable Building and Loan Assocatior. of ;rand I~~[d, Nebraska, Mortgage, upon 509 shares of stock of <br />saw ASSOCIATION, Crrtifxate No. L 23405 MGIC, do hereby grant, convey and mortgage unto the said ASSOCIATION the foBowirtg <br />described teat estate, situated in HaB County, Nebraska: <br />LOT FIVE (5) R & B SUBDIVISION, HAIL COUNTY, NEBRAS'~CA <br />together with all the tenements, hereditaments and appurtenances thereunto belonging, including attached Hoot coverings, all window saterts, <br />window shades, blinds, storm windows, awnings, heating, air conditioning, and plumbing and water equipment and accessories thereto, pumps stoves, <br />refrigerators, and ether fixtures and equspment now or hereafter attached to or used in connection with said real estate. <br />And whereaz the said mortgagor has agreed and does hereby agree the[ the mortgagor shall and will pay all taxes and assessments levied or <br />assessed upon said premises and upon this mortgage and the bond secured thereby before the same shall become delinquent, to fumialt approved <br />insurance upon the buildings on said premises situatedin the sum of $ 5D ~ gDQ, QQ payable to said ASSOCIATION and to deliver to said <br />ASSOCIATION the policies for said insurance; and not to commit or permit any waste on or about said premises; <br />In case of default in the performance of any of [he terms and conditions of this mortgage or the bond secured hereby, the mortgagce shall, <br />on demand, be entitled to immediate possession of the mortgaged premises and [he mortgagor htmby assigns, transfers and sets over to the <br />mortgagee art the rents, revenues andrncome to 6e derived from the mortgaged premises during such time as the mortgage indebtedness shall remain <br />unpaid; and the mortgagee shalt have the power [a appoint any agent or agents it may desire for the purpose of repairing said pttmises and renting <br />the same and etrlla~tirtg the rents, revenues and income, and it may pay out of said income alt expenses of repairing said premises and necessary <br />-commissions and expenses incurred in renting and managing the same and of collectieg rentals therefrom; the balance remaining, if any, to be <br />applied reward the discharee of said mortgage indebtedness; these rights of the mortgagee may be exercised at any time during the existence of such <br />default, irrespective of any temporary waiver of the same. <br />fihese Presents, however, are upon the Condition, That if the said Mortgagor shall repay said town on or before the maturity of said shares by <br />payment; pay monthly to said ASSOCIATION of the sum specified in the Bond secured hereby as interest and principal on said loan, oa or before <br />rite Twentieth day of each and every month, anti: said loan is fully paid; pay all taxes and assessments levied against said premises and an this Mortgage <br />and tht Bared secured thereby, before delinquency; furnish approved insurance upon the buildings thereon in the sum of $ 50 s 9~0 • QO pavabk _ <br />to said ASSSOCIP1TiON; repay to said ASSOCIATION open demand aU money by h paid for such taxes, assessments and insurance with intecest at <br />!hc maximtrm legal rate thereon from date ofpayment all of which Mortgagor hereby agrees to pay permit no waste on said premises: kep andeotnpiy <br />withal! the agreements and conditions of the Bond for $ 54y900. DQ this day given by the said Mortgagor to said ASSOCfAT10N, and comply <br />with all the ttquittments of the Constitution and Bylaws of said ASSOCIATION; then these presents shall become null and void, otherwise they <br />shat) remain in full force and may be foreclosed at the optior. oC the said ASSOCIATION ufkr failure for three months to make any of said <br />paytmrts or be L`,re months in arrears in making said monthly payments, or to keep and comply with the agreements and conditions of said Band; <br />and Mortgagor agrees to have a receiver appointed forthwith in such foreclosure proceedings. <br />If there is any cttar[ge in ownership of the real estate mortgaged herein, by sale or otherwise, then the entire remaining in'w-.btcdatss hereby <br />secttred shall, at the option of The-Equitable Building and Loan Association of Grand Island, Nebraska,become immediately dot and payable without _ <br />further notice, and the amount remaining due under said bond, and any other bond for any additional advances made thereunder, sttaA, from the <br />daft of exercise of said option, bear interest at the maximum legal rate, and this mortgage may then be foreclosed to satisfy tfie amottm due on said <br />bond, and any other bond Cor additional advances, together with alt sums paid by said Tex Equitable Building and Loan Association of Grand dsland, <br />Nebraska for insurance, taxes and assessments, and abstracting extension charges, with interest thereon, from date of paytr[ent at [he maximum <br />legal rate. <br />As provided in the Bond secured hereby, white this mortgage remains in effect the mortgagee may hereafter advance additional sums to the <br />irpicers of said Bond, then assigns or successors in interest, which stuns shag be within the security of this mortgage the carne az the funds originally <br />secured thereby, the total amount of principal debt not to exceed at any time the original atnount of this mortgage. <br />ITated this 15 t day of Mdy A. D., 19 79 <br />ds ,ere ~2....~x`~ <br />. __ <br />a as f r <br />STATE OF N£BRASK.A~~ ss. On this 1St day of May 179 ,before me; . y <br />COUNTY"@F BALL <br />the undersigeted, a Notary Public in and for said. Covrtty, personally cattle- <br />. bougtas A Berl4e and Barbara J. Berke, each in his and-her own rTq~ht and as spouse of <br />each nth@r " w o are ptraanatty kttawn to - . <br />:tee to be the identical person S whose name S drQ affixed to the above instrtmtent az mortgagor S and they ttVer~Y <br />ac]vmwhtYthe said ntstrumeni to he their volnrttary act ana deed. - <br />WITN133S mybaad and NntarialSealthe date aforesaid. <br />>dy Commission eap;res <br />j/" 6 Notary Pubbc ' <br />s•i•aM i{i ~'/C~ GENERA•' ,tQfARY • State oT Nebr. ~ ~ _ <br />~~ I~- 7~ JAMES W, OLSON <br />/ My Gomm. Ezp. Nor. 12, 1979 <br />