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~~~Ul~~s+v "' ~ yflJN i(;AGI.F. _ <br />REAL ESTATE MO~LTGAGE AVCO FINANCIAL SERVICES <br />V:' <br />MORTGAGOR(S): 1j{)C^vE~j)~i 12'% 1:63" .z ~' ii <br />TCu~^_ E~4.~D ,r~„<v -Ts oGS:i^N?Er .-i ~~r.._.L-._... .NEBRASKA <br />AGREED RATE OP C1iARGE ON PROMISSORY NOTE EXECUTF:U CONCU'RRENT'LY HEREtYITH: Thz agrzrd rate of charee is ?Ui per month nn that <br />part of the unpaid balance not exceeding 5300; 2% per month on any part thereof exece:ding 5300 but not exceeding 5500; i'i:~k per month oa any part (hereof <br />exceeding SSt}0: but not ezcetding 51000; and Iles per month on any pazt thereof exceeding 5 (000 but not exceeding 53600. <br />L~ <br />WlTNr. SETH, that Mortgagp~L does mortgage, grant, bargain, set!, and <onvcy, unto M1forbWgee, its eucceesors ur a.++igns the fo(towing descrilmt Real Estate <br />in the county of t' L State f Nebraska, to ~it <br />scu^~~1 EIG??TY ;sIG..T ::~L Ti ~ T~,~;T:,s _E~T(~g~.3)~.L,i. or ~c~ ~~ t >, .) ,a~ ~ (''•) <br />I~: S1~AU;,DING ??PdD 3iu'~'S F[DD~_~Ci? TC TA^. :IT'1 C;: Gi:Ai~D ~:si.L';7r. ^itt ~.G:'' r :+.;J ~..k!. <br />together with all buildings and improvements now or hereafter erected [hereon and all screens, awnings, shades, storm sash and blinds, and heating, lighting, <br />plumbing, gas, electric, ventilating, refrigerating and a'v-conditioning equipment used in connectian therewith, sll of which, Car the putpost oC tbis moctgagt, <br />shall be deemed fiztuzes and subject to the lien hereof, and the hereditaments and appurtenances pertaining to the property above described, and all streets, <br />(ants, alleys, passages, ways, water, water courses, rights, liberties and privileges, whatsoever [hereunto belonging or in anywise appertaining and the reversions <br />nerd remainders, a(I of which is referred to hereinafter as the "premises". <br />TO HAVE AND TO HOLD the abovedescribed premises. with [he appurtenances and fixtures, unto the said Sfortgager, its successott and assigns, (orevtr, i'or <br />ilea purposes sad uses herein set forth, free Crom all rights and benefits under and by virtue of any Homestead Exemption haws of [he State of Nebraska <br />u-hicft may bt enacted, whicb said rights and benefits Ne sajd Martgagor does hereby expressly relraiz and waixe. <br />Mortgagoz also assigns to Mortgagee all rents, issues and Profits of said premise., reserving the tight to rnlirri and use the same, with or without taking <br />possession of the premises, during continuance oC default herrunde4 and during mntinuancc of wch default authorizing Mortgagee to enter upon said premises <br />and/or to collect and enforce the same without regard td adequacy of any srsvrity far the indebtedness hereby srcvred by any lawful means including <br />appointment of a receiver in the name of any parry hereto, and to apply ihz same less cysts and expenses of aperatian and vlicction, including reasonable <br />attorney .:'tes, upon any indebiedrtess secured hereby, in wch nrder a> Mortgagee may determine. - <br />F'OR THE PURPOSE OF SECIiRING: (I) Yerformancx ai each agreement at Moriga¢or contained herein: l'-1 Paymcm of 0te principal sum with interest, <br />ss pravidW in. accordance with the terms and pro+isions of a Promi+sory Note ~ Loan Agreement Yhereinafter rrferred to as "promissory note") <br />dp ,herewith executed by Morttaeor nerd payable to the order of Mortgagee, <br />- in Iftc piineipat sum of S 5 ~ ,and having the date of its final payment dot ort ,T[,t':"" ~ 1 s ~G~,'T <br />or as extruded, deferred or rcsched ukd by rznewal or refmanee: i31 Payment at any additional advances. wish interest thereon, as may hereatlet )z <br />loarr.•d by Mortgagee to Mortgagor in a maxir.:um w of 53,000.00 within 10 years iron: thz date of this }lortgage: 131 The payment of any - <br />money that may' be advanced by the Mortgagee [n Mmtgagar for any reason or to third parties, wtth interest thereon, wtrerc tfir anwunG are advanced to <br />proxct the security' or in accordance with [he .;ovenant~ ut this Mortgage; [j} Any renewal, rc(inancing or extension of said promissory note, or any other <br />agreement fo pa}' which may be wbstituted thertCor <br />Atl payments made DY Mdsfgagor on the obligation secttrcd by this Mortgage shag be applied in the tollownng order <br />FfRST: To the payment of taxes and assessments that may br levied and assessed against sa'sd ptentises, insurance premiums, rrpaus, and all other <br />charges amt expenses weed- to be paid by the Mortgagor. - <br />SE~?:D: To the payment of interest dux an said loan. <br />THIRD: Ta the payment of prin ipal. <br />- - TO PROTECT T}{E SECURITY FIEREOF, MORTGAGOR{S) COVENANTS AND AGREES: (1) to keep said premises inwred against loss by foe and <br />other bazasds,, casualty and rnn[ingencies up to the toll value of all impravements for the protection of Mortgagee -in wch maxmtr, in such amounts, and <br />in wch campanics as Mortgages may from time to tune approve, and that loss proceeds fkss expense of co?[ection) shall, at htongagee s option, be <br />applia'1 un Said indebtedness, whether dot or not or to the restazation of said improv •tttents. in event of to+.+ Mortgagor will give immediate: notice by <br />- mail !o the Mortgagee, who may make proof of !oss if not made promptly by Mortgagor, and rash insurance company concerned is hereby authorized and <br />dinxted W make patyment for-such lass directly to the Mortgagee instzad of to the Mortgagor. 1'--) To pay sR taxes and special assessments of any kind <br />that have bcen or may be (cried or assessed upon said premises, and to deliver to Mortgagee, upon rtqurst of the Mongagtr., the official receipt showing <br />payment of all wch taxes and assessments. 13} In the (vent of default by Mortgagor under Paragraphs I or 2 above, Mortgagee, at its option, may (al <br />peace and keep wch insurance above provuied Coi in force throughout the life of this Mortgage and pay the reasonable premiums and charges therefor: (b) <br />pay all sahf !axes and assessments Without du[ermining the validity tltetcrof; and 4e-) Pay wch liens and all wch disburumenu shall be deemed a pan of <br />the iodebtcdneis secumd by -this Mortgage and shall be immeduttly due and payable by Mortgagor to Mortgagee. (ii To keep the buildings attd ether <br />improvements new exs:ting ar hereafter erected in good condition and repair, no[ to commit or wffer any waste nr any u~r of said premises cen[rary to <br />restrictions of record or contrary m taw, and to ptmtit Mortgagee to Inter al all rea>onable times fa the purpose of inspecting the prrrtrises; not to <br />remors or demolirJt ury burldmg thereon; to rrsU>:e promptly and in a gnod and workmanlike manner any buildings which may ere damaged or destroyed <br />dsares+tr: and ao pay, when dot, alt claims for tabor performed and materials furnished therefor; IS) That trz will pay, promptly the indebtedness secturd <br />Newby, and perform all other obligvtlons in full compliance with the terns of szid Promissory Norr and this Mortgage; (bl Thai the time of payment of <br />- des indebtedness hereby se:.tr[ed, at oC any portion fMteof, may be eztunded oz renewed, and any portions of the premist> herein described may, without <br />oati4C, be tekaswi from the lien hereof, without rekasitrg or aRettiag the ptrwnal Viability of any person nr the priority of this Mortgage; (7) That hr <br />daet hereby (oxtvar warrant and wit} iortrer driend the tiIle and possess:an Ihtrcof against the lawful daixn-a of any and a0 persons whatscever- <br />IT IS MUTUALLY AGREED TNAT: (ty [t the said Mortgagor sha0 fail ar neglect ice pay installments on saki Prum issary Not: as the same may hzrcufter <br />- became due, or apoo default in perforinanec of any agreemeN hereunder, ar upon salt or other disposition of the prermsrs h;' Mortgagor, or shauid any <br />action or protzedistg be filed in any coon to enforce any lien on, claim against or inners( in [he pram tses, [hen all ,urn, owvtg M' [he ytorteagor to the <br />- tiorr~tC ((rule( ;his Mortgage or urWtr the Promissory Note secured hereby shall immediatriy became due and payable at iht option of the Mortgagee, <br />- tm ~ apptirattlori of -the Mortgagee or assign, or any other person who may he entitled to the monies Sue thereon. [n wch event the Mortgagee shall <br />bare YFte [iptt immeaiasely fo oreclaae. this mortgage by cotnataint (or that purpose, aM such wmolain[ may be prosecuted to judgment and exzcution <br />and sale for--the m0ettiou of the whole amount of the indebtedrnss acrd interest thereon, incWdiag reawnable attorney's Cars, any' amounts advan zd <br />putsrant to this mortgage, costs of suit. and costs oI sale, if permitted by law. <br />(2) is the eYOat said pmm~aes ate auks at aCortcloaae sale; Mortgagor(s) shallbe liable tar anydeficiency remaining aftersaie of the premises it petmittrd by <br />!&sr, and os.ttf: ptoweds of aid. sale to tbe indebtedttesa secuttd and to the ettpttuves oC foreclowre, including Mortgagee i reasonable attorney's <br />-. - Ctxs.aed ~1 txpeasta if atbwed by law. _ <br />f3) Wotlgagee a>'aaN bE .aub;Oge~.d m the `~-of nay-sad all prioreneumbrancts, liens ar charges paid and discharged fmm the proceeds of the loan <br />-}tereby~x;c ,cod,, auk evarr--;buugh~said ptiar-liens.-Stare [wen feteareA of recard, the repayment of wid indebtedruxss shall be securwl by such liens on the <br />pttrtioits..uf said, pttmists affectai thateby to the eatwt of such payments, respectively- <br />-- - 113 WNeaaver. by dte tents of this iitstriw)snf ar of said Promissory No[e, Mortgagee is given anY option, wch option may be txercisrd whin the right <br />acnaies dr at airy tivce fhe[lmfte[, arid no acceptance by Mortgagee of payment of indebtedness in default shall censtituw a waiver u( any default then <br />existing atad eantutuNtg or tIcereaftrr aceruiag. - <br />sa•oara (Rev. aasl rtes - <br /> <br />